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RE CElVfcD 






OCT 



4 \990 



&VI U**** 



NORTH CAROLINA 






REGISTER 



IN THIS ISSUE 




PROPOSED RULES 

Administration 

Economic and Community Development 

Environment, Health, and Natural Resources 

Medical Examiners, Board of 

Real Estate Commission 

FINAL RULES 

Correction 
Human Resources 
Revenue 
Transportation 

ARRC OBJECTIONS 

RULES INVALIDATED BY JUDICIAL DECISION 

ISSUE DATE: OCTOBER 1, 1990 
Volume 5 • Issue 13 • Pages 860-895 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The Nortli Carolina 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place ot the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval bv 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 days, 
whichever is less. An agency adopting a temporary rule 
must begin normal rule-making procedures on the pe 
manent rule at the same time the temporary rule J 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is 
a compilation and index of the administrative rules of 
25 state agencies and 38 occupational licensing boards. 
The NCAC comprises approximately 15,000 letter size, 
single spaced pages of material of which approximate- 
ly 35°/o is changed annually. Compilation and publica- 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur- 
ther broken down by chapters. Title 21 is designated 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum 
cost of two dollars and 50 cents ($2.50) for 10 
pages or less, plus fifteen cents ($0.15) per each 
additional page. 

(2) The full publication consists of 52 volumes, 
totaling in excess of 15,000 pages. It is sup- 
plemented monthly with replacement pages. A 
one year subscription to the full publication in- 
cluding supplements can be purchased for 
seven hundred and fifty dollars ($750.00). In- 
dividual volumes may also be purchased with 
supplement service. Renewal subscriptions fof 
supplements to the initial publication available 1 . 

Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro- 
cedures to be followed. For specific statutory language, 
it is suggested that Articles 2 and 5 of Chapter 150B of 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, 
page number and date. 1:1 NCR 101-201, April 1, 1986 

refers to Volume 1, Issue 1, pages 101 through 201 of 
the North Carolina Register issued on April 1, 1986. 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Office of Administrative Hearings 

P. O. Drawer 11666 

Raleigh, XC 27604 

(919) 733 - 2678 



Julian Mann III, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Masich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick. 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



I. PROPOSED RULES 

Administration 

Auxiliary Services 860 

Economic and Community 

Development 

Credit Union Division 860 

Environment, Health, and 

Natural Resources 

Health Services 860 

Licensing Boards 

Medical Examiners, 
Board of 862 

Real Estate Commission 863 



II. FINAL RILES 

Correction 

Division of Prisons 867 

Human Resources 

N.C. Drug Commission 870 

Revenue 

Sales and Use Tax 872 

Transportation 

Division of Highways 883 

III. ARRC OBJECTIONS 888 

IV. RULES INVALIDATED BY 

JUDICIAL DECISION 891 

V. CUMULATIVE INDEX 893 



> 



NORTH CAROLINA REGISTER 

Public a tion Schedule 
(April 1990 - December 1991 ) 



Issue 


Last Day 


Last Day 


Earliest 


* 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


1 learing & 
Adoption by 
Agency 


Date 


******** 


******** 


******** 


******** 


******* * 


04 02 90 


03 12 90 


03 19/90 


05 02 90 


OS 01 90 


04 16 90 


03 23 90 


03 30 90 


05 16 90 


08/01/90 


05 01 90 


04/09/90 


04 17/90 


05/31,90 


09/01/90 


05 15 90 


04 24 90 


05 01/90 


06/14 90 


09/01/90 


06/01/90 


05/10/90 


05 17 90 


07/01/90 


10 01 90 


06 1 5 90 


05 24 90 


06 01 90 


07/15 90 


10 01/90 


07.02.90 


06 11 90 


06 18. 90 


08.01 90 


11,01/90 


07 16/90 


06 22 90 


06/29/90 


08/15/90 


11/01/90 


OS 01 90 


07 1 1 90 


07/18/90 


08/31 90 


12/01/90 


OS 15 90 


07 25 90 


08 01/90 


09 14 90 


12 01 90 


09 04 90 


08 13 90 


08/20 90 


10 04 90 


01 01 91 


09 14 wo 


08 24 90 


OS 31 90 


10 14 90 


01/01/91 


10 01 9(J 


09 10 40 


09 17 90 


10 31 90 


02/01/91 


10 15 9(J 


09/25/90 


10/02/90 


11.14 90 


02/01/91 


11/01/90 


10 11 90 


10 IS 90 


11/30/90 


03/01/91 


11/15/90 


10 24 90 


10/31/90 


12 14 90 


03'01/91 


12 03 90 


1 1 08 90 


11 15 90 


01 02 91 


04 01 91 


12 14 90 


11 21 90 


11 30 90 


01/13/91 


04-01/91 


01 02/91 


12 07/90 


12/14/90 


02/01/91 


05/01/91 


01/15/91 


12/20/90 


12/31/90 


02/14 91 


05/01/91 


02 1 9 1 


01/10/91 


01 17 91 


03/03 91 


06/01/91 


02 15/91 


01 25 91 


02/01/91 


03 17/91 


06/01/91 


03 1 9 1 


02 08 91 


02 15 91 


03 31 91 


07/01/91 


03/15/91 


02 22 91 


03 01 91 


('4 14 91 


07 01 91 


04/01/91 


03 11/91 


03 18/91 


05/01/91 


OS 01/91 


04 15/91 


03 22 9 1 


04/01/91 


05 15 91 


08/01/91 


05 01/91 


04/10/91 


04/17/91 


05/31,91 


09/01/91 


05 15 91 


04 24 91 


05 01/91 


06 14 91 


09/01/91 


06 03,91 


05:10 91 


05 17 91 


07,03 91 


10 01/91 


06 14 91 


05 23 91 


05 31 91 


07 14 91 


10 01,91 


0701/91 


06. 10 91 


06/17/91 


07/31/91 


11/01/91 


07/15/91 


06/21/91 


06/28/91 


08/14/91 


11/01/91 


08/01/91 


07 11 91 


07/18/91 


08/31,91 


12/01/91 


08 15 '/I 


07/25/91 


08 01/91 


09 14 91 


12 Hi 91 


09 03/91 


08/12 91 


08/19/91 


10/03 91 


01/01/92 


09/16/91 


08 23 91 


08/30/91 


10 16 91 


01/01/92 


10/01/91 


09/10/91 


09 17/91 


10/31/91 


02/01/92 


10/15/91 


09 24 4 1 


10 01 91 


11 14 91 


02 01 92 


11 01 91 


10 11 91 


10 18 91 


12/01 91 


03 01 92 


11 15 91 


10 24 91 


10 31/91 


12/15 91 


03 01-92 


12 02 91 


11 07 91 


11/14/91 


01 01 92 


04 01 92 


12/16/91 


11 21 ( >1 


12/02/91 


01/15,92 


04 01/92 



* 



The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the ride with The Administrath'e Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the tide at the next calendar month meeting. 



PROPOSED RULES 



TITLE 1 - DEPARTMENT OF 
ADMINISTRATION 



Th 



he proposed effective date of this action is 
February 1, 1991. 



No 



otice is hereby given in accordance with G.S. 
J SOB- 12 that the Department of Administration 
intends to amend rules cited as 1 NCAC 4G 
.0217. 

1 he proposed effective date of this action is 
February 1, 1991. 

1 he public hearing will be conducted at 3:00 
p.m. on October 31, 1990 at the Department of 
Administration, Policy and Planning Conference 
Room 5062C, 116 West Jones Street, Raleigh, 
NC 27603-8003. 

(comment Procedures: Any interested person 
may present his/her comments either in writing 
prior to or at the hearing or orally at the hearing. 
Any person may request information, permission 
to be heard or copies of the proposed regulations 
by writing or calling David McCoy, Department 
of Administration, 116 West Jones Street, 
Raleigh, NC 27603-8003, (919) 733-7232. 

CHAPTER 4 - AUXILIARY SERVICES 

SUBCHAPTER 4G - SURPLUS PROPERTY 

SECTION .0200 - STATE SURPLUS PROPERLY 

.0217 FAILURE TO PAY 

If the purchaser fails to pay in full for the 
property within 444 working 15 calendar days 
from the date of award, the property purchased 
will be promptly resold in such manner as the 
state may elect, and the defaulting purchaser 
charged with loss to the state, if any, together 
with all expense of the sale. If the purchaser does 
not remove the property purchased within 54> j_5 
calendar days aft#p from the date of award, the 
General Services Division reserves the right to 
retain the purchase price and resell the property 
a second time and retain all proceeds therefrom. 

Statutory Authority G.S. 143-49. 

TITLE 4 - DEPARTMENT OF ECONOMIC 
AND COMMUNITY DEVELOPMENT 



No 



Th 



otice is hereby given in accordance with G.S. 
1 SOB- J 2 that the ECD, Credit Union Division in- 
tends to adopt rxdc(s) cited as 4 NCAC6C .0408. 



he public hearing will be conducted at 10:00 
a.m. on October 15, 1990 at Room 4009, Dobbs 
Building, 430 North Salisbury Street, Raleigh, 
North Carolina 27603. 

Comment Procedures: Any interested person 
may present his/her comments either in writing 
three days prior to or at the hearing or orally at 
the hearing for a maximum of ten minutes. Any 
person may request information by writing or 
calling Mr. Stanley W. Brown Jr., Credit Union 
Division, 430 North Salisbury Street, Raleigh, 
North Carolina (919) 733-7501. 

CHAPTER 6 - CREDIT UNION 

SUBCHAPTER 6C - CREDIT UNIONS 

SECTION .0400 - LOANS 

.0408 SALE OF LOANS 

(a) A credit union may sell, in whole or in part, 
to any source, its loans provided the Board of 
Directors or designated committee approves the 
sale and a written agreement and a schedule of 
loans covered by the agreement are retained in 
the credit union office. 

(b) A credit union may not sell loans with re- 
course without the permission of the Adminis- 
trator of Credit Unions. 

(c) A credit union may agree to service any 
obligation it purchases or sells in whole or in 
part. 

Statutory Authority G.S. 54-109.12; 

54-/09.21(9); 54-109.21(25); 54-109.22. 

TITLE 15A - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 

iV otice is hereby given in accordance with G.S. 
J SOB- 12 that the Commission for Health Services 
and the Department of Environment, Health, and 
Natural Resources intends to amend rule(s) cited 
as ISA NCAC 20 A .0006; 15A NCAC 24 A .0202, 
.0303. 

J he proposed effective date of this action is 
February 1, 1991. 

1 he public hearing will be conducted at 9:00 
a.m. on November 1 , 1990 at the Ground Floor 



5:13 NORTH CAROLINA REGISTER October 1, 1990 



S60 



PROPOSED RULES 



Hearing Room, Archdale Building, 512 North 
Salisbury Street, Raleigh, North Carolina. 

(comment Procedures: Any person may request 
copies of the proposed rules by contacting John 
P. Barkley, DEHNR, P.O. Box 27687, Raleigh, 
NC 27611-7687, (919) 733-7247. Written com- 
ments on these Rules may be sent to Mr. Barkley 
at the above address or submitted at the public 
hearing. If you desire to speak at the public 
hearing, notify Mr. Barkley at least 3 days prior 
to the public hearing. At the discretion of the 
Chairman, the public may also be allowed to 
comment on the rules at the Commission Meeting. 
Fiscal notes on applicable rules are available from 
Mr. Barkley. 

CHAPTER 20 - LABORATORY SERVICES 

SUBCHAPTER 20A - GENERAL POLICIES 

.0006 FEES 

(d) Fees for the analysis of public water sup- 
plies shall be as follows: 



$ 20.00 



PARAMETER 


FEE 


Inorganic Chemistry 


$200.00 


Organic Chemistry 


$190.00 


Coliform 


$^m 


Trihalomethanes 


% 60.00 


Sodium and Corrosivitv 


$ 60.00 


Radiochemistrv: 




gross alpha and beta 


$ 50.00 


radium 226 


$ 65.00 


radium 228 


$ 50.00 


uranium 


$ 75.00 


Any single organic or 




inorganic parameter 


$ 15.00 



Statutory Authority G.S. 130.4-5(12); 130.4-326. 

CHAPTER 24 - GENERAL PROCEDURES FOR 
PUBLIC HEALTH PROGRAMS 

SUBCHAPTER 24A - PAYMENT PROGRAMS 

SECTION .0200 - ELIGIBILITY 
DETERMINATIONS 

.0202 DETERMINATION OF FINANCIAL 
ELIGIBILITY 

(b) The financial eligibility requirements of this 
Subchapter shall not apply to: 

(1) the migrant health program; 

(2) the supplemental security income disabled 
children's program: 

(3) Cliildren's Special Health Services when 
the requirements of 10 NCAC 8D .0800 
are met; 



(4) school health program financial eligibility 
determinations performed by a local 
health department which has filed a writ 
t«» statement v4*h the Division ef Health 
Services which provides fef »se e£ chosen 
to use the financial eligibility standards of 
the Department of Public Instruction's 
free lunch program; 

(5) prenatal outpatient services sponsored 
through local health department delivery 
funds, 10 NCAC 8G .0600; or through 
perinatal program high risk' maternity 
clinic reimbursement funds, 10 NCAC 8G 
.0700. 

Statutory Authority G.S. 130A-5(3); 130.4-124; 
130.4-12^; 130.4-129; 130A-/77; 130A-205. 

SECTION .0300 - ELIGIBILITY PROCEDURES 

.0303 PAYMENT LIMITATIONS 

(b) During the last fettf six months of the fiscal 
year, the State Health Director may limit pay- 
ment program benefits that can be authorized 
when the total amount of outstanding authori- 
zations, plus the estimated authorizations for the 
remainder of the fiscal year, less estimated can- 
cellations, exceeds 9Q 100 percent of the pro- 
gram's cash balance. The State Health Director 
shall rescind the limitations at the end of the fis- 
cal year, or prior to the end of the fiscal year if 
sufficient funds become available to authorize full 
program benefits for the remainder of the fiscal 
year. 

(e) Notwithstanding Paragraph (d) of this Rule. 
when the provider, the patient or a person re- 
sponsible for the patient receives other third 
party payments equal to or exceeding the De- 
partment's payment rate, the Department may 
pav the difference between the other payments 
and the provider's charge for a child adopted 
pursuant to 15A NCAC 21F .0801. as long as the 
Department's payment does not exceed its usual 
payment rate. 

(_[) fe* If after the Department makes payment 
for particular services or appliances, the provider, 
the patient, or a person responsible for the pa- 
tient receives partial or total payment for the 
services or appliances from a third party payor, 
or receives funds in settlement of a civil claim 
which are available to pay for the services or ap- 
pliances, the person receiving the payment shall 
reimburse the Department to the extent of the 
amount received by the person without exceeding 
the amount of the Department's prior payment 
to the provider. This reimbursement shall be 
made to the Department within 45 days after re- 
ceipt of the third party payment. 



861 



5:13 NORTH CAROLINA REGISTER October 1, 1990 



PROPOSED RULES 



(g) Notwithstanding Paragraph (f) of this Rule, 
if after the Department makes payment for par- 
ticular services or appliances for a child adopted 
pursuant to ISA NCAC 21 F .0801, the provider 
receives partial or total payment from a third 
party pavor, the provider shall only be required 
to reimburse the Department the amount by 
which the total of payments exceeds the provid- 
er's charge. 

(h) (£} If the Department requests a refund of a 
payment made to a provider, the refund shall be 
made to the Department within 45 days after the 
date of the refund request. 

Statutory Authority G.S. 1 30 'A- 5 (3); BOA- 1 24; 
130A-127; I30A-129; 130A-177; I30A-205. 

TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 

iV otice is hereby given in accordance with G.S. 
1 SOB- 12 that the Board of Medical Examiners of 
the State of North Carolina intends to amend ride 
cited as 21 NCAC 32B .0101 and adopt rides 
cited as 21 NCAC 32B .0315 - .0317. 

J. he proposed effective date of this action is 
March 1. 1991. 

1 he public hearing will be conducted at 4:00 
p.m. on October 31. 1990 at the N.C. Board of 
Medical Examiners. 1313 Navaho Drive, Raleigh, 
N.C. 27609. 

K^omment Procedures: Persons interested may 
present written or oral statements relevant to the 
actions proposed at a hearing as indicated above. 
Written statements not presented at the hearing 
should be directed before October 15, 1990 to the 
following address: Administrative Procedures, 
N.C. Board of Medical Examiners, P.O. Box 
26808, Raleigh, NC 27611-6808. 

CHAPTER 32 - BOARD OF MEDICAL 
EXAMINERS 

SUBCHAPTER 32B - LICENSE TO PRACTICE 
MEDICINE 

SECTION .0100 - GENERAL 

.0101 DEFINITIONS 

The following definitions apply to Rules within 
this Subchapter: 

(1) ACGME - Accreditation Council for 
Graduate Medical Education. 

(2) AOA - American Osteopathic Association. 



(3) Board - Board of Medical Examiners of the 
State of North Carolina. 

(4) ECFMG - Educational Commission for 
Foreign Medical Graduates. 

(5) Fifth Pathway - an avenue for licensure as 
defined in the Directory of Accredited Resi- 
dencies 1977-1978, American Medical Asso- 
ciation, pp. 30-32. The Directory is adopted 
by reference under G.S. 150B- 14(b). 

(6) FLEX - Federation Licensing Examination. 

(7) LCME - Liaison Commission on Medical 
Education. 

(8) SPEX - Special Purpose Examination. 

Statutory Authority G.S. 90-6. 

SECTION .0300 - LICENSE BY ENDORSEMENT 

.0315 QUALIFICATION 

To be eligible for license by endorsement of 
credentials, an applicant who has not met one of 
the following qualifications within the past ten 
years of the date of the application to the Board, 
must take the SPEX and attain a score of at least 
75: 

(1) National Board of Medical Examiners cer- 
tification; 

(2) FLEX scores as required under Rule .0314 
of this Section; 

(3) SPEX score of at least 75; 

(4) certification or re-certification from a spe- 
cialty board recognized by the American 
Board of Medical Specialties; or 

(5) completed formal postgraduate medical ed- 
ucation as required under Rule .0313 of this 
Section. 

This requirement is in addition to all other re- 
quirements for licensure. 

Statutory Authority G.S. 90-11; 90-13. 

.0316 SPEX FEE 

(a) The fee for taking SPEX will be the Board's 
cost of the test materials and is due at the time 
of application. 

(b) In the event the applicant fails to make a 
passing score, the fee will not be refunded. 

(c) In the event the applicant does not appear 
for the regularly scheduled examination or the 
application is withdrawn, no portion of the fee 
will be refunded. 

Statutory Authority G.S. 90-/5. 

.0317 SPEX DEADLINE 

All application materials must be in the Board's 
office at least seven weeks prior to the SPEX ex- 
amination. 



5:13 NORTH CAROLINA REGISTER October I. 1990 



862 



PROPOSED RULES 



Statutory Authority G.S. 90-6. 



•k'k'k'k-k'k-k-k'Ji'k'k'k-^-k-k'^'k'k 



No 



otice is hereby given in accordance with G.S. 
J SOB- 1 2 that the North Carolina Real Estate 
Commission intends to amend rules cited as 21 
NCAC58A .0301, .0503, .0505; 58C .0302, .0308; 
58D .0302, .0402, .0406, .0408. .0409. 



Th 



he proposed effective date of this action is 
February I. 1991. 

1 he public hearing will be conducted at 1:00 
p.m. on November 7, 1990 at the Office of the 
North Carolina Real Estate Commission, 1313 
Navaho Drive, Raleigh. North Carolina 27609. 



Co 



■ omment Procedures: Comments regarding the 
rules may be made orally or submitted in writing 
at the public hearing. Written comments not 
submitted at the hearing may be delivered to the 
North Carolina Real Estate Commission. Post 
Office Box 17100, Raleigh. North Carolina 27619, 
so as to be received by the hearing date. 

CHAPTER 58 - REAL ESTATE COMMISSION 

SUBCHAPTER 58A - REAL ESTATE BROKERS 
AND SALESMEN 

SECTION .0300 - APPLICATION FOR LICENSE 

.0301 FORM 

Persons who wish to file applications for a bro- 
ker or salesman license can obtain the required 
form upon request to the commission. In gen- 
eral, the form calls for information such as the 
applicant's name and address, the applicant's so- 
cial security number, a recent passport size pho- 
tograph of the applicant, places of residence, 
education, prior real estate licenses, and such 
other information necessary to identify the ap- 
plicant and determine his qualifications and fit- 
ness for licensure. 

Statutory Authority G.S. 93A-3(c); 

93A-4(a),(b),(d); 150B-/1. 

SECTION .0500 - LICENSING 

.0503 LICENSE RENEWAL: PENALTY FOR 
NON-RENEWAL 

(a) Any licensee desiring the renewal of a li- 
cense shall, during the month of June, apply for 
same in writing upon a form approved by the 



Commission and shall forward the required fee 
of twenty dollars ($20.00). twenty-five dollars 
($25.00). Forms are available upon request to 
the Commission. 

(b) Any person or corporation which engages 
in the business of broker or salesman while his 
or its license is lapsed will be subject to the pen- 
alties prescribed in the license law. 

Statutory Authority G.S. 93A-4(c),(d); 93A-6. 

.0505 EXPIRED LICENSE 

Expired licenses may be reinstated within 12 
months after expiration upon proper application 
and payment of the tw e nty dollar ($20.00) 
twentv-five dollar ($25.00) renewal fee plus five 
dollar ($5.00) late tiling Ice. Licenses expired for 
more than 12 months may be considered for 
reinstatement upon proper application and pay- 
ment of thirty dollar ($30.00) fee for brokers and 
thirty dollar ($30.00) fee for salesmen. Such ap- 
plications will be reviewed by the commission to 
determine whether an examination and/or real 
estate education will be required. 



5 



tatutory Authority G.S. 93A-4(c),(d). 

SUBCHAPTER 58C - REAL ESTATE AND 
APPRAISAL EDUCATION 



SECTION .0300 - PRE-LICENSING AND 
PRE-CERTIFICATION COLRSES 

.0302 PROGRAM STRUCTURING 

(a) Real estate pre-licensing education pro- 
grams must be structured as prescribed in G.S. 
93A-4(a). Completion of the salesman course 
within the previous five years or possession of a 
current salesman license must be a prerequisite 
for enrollment in the advanced broker courses. 

(b) Except as provided in Paragraph (d) of this 
Rule, residential appraiser pre-hcensing pre- 
certification education programs must consist of 
the following three courses, each involving a 
minimum of 30 classroom hours: 

( 1 ) Introduction to Real Estate Appraisal; 

(2) Valuation Principles and Procedures; and 

(3) Applied Residential Property Valuation. 
These courses must be completed sequentially in 
the order listed. 

(c) Except as provided in Paragraph (d) of this 
Rule, general appraiser pre-certification educa- 
tion programs must consist of the following three 
courses, each involving a minimum of 30 class- 
room hours, in addition to the three residential 
appraiser courses prescribed in Paragraph (b) of 
this Rule: 

( 1 ) Introduction to Income Property Ap- 
praisal; 



S63 



5: 13 NORTH CAROLINA REGISTER October 1, 1990 



PROPOSED RULES 



(2) Advanced Income Capitalization Proce- 
dures; and 

(3) Applied Income Property Valuation. 
These courses must be completed sequentially in 
the order listed and completion of the residential 
appraiser courses within the previous five years 
or possession of a current appraiser license must 
be a prerequisite for enrollment in the general 
appraiser courses. 

(d) If college credit is to be granted for an ap- 
praisal pre-licensing or pre-certification education 
program to be offered by a college, university or 
community college, the school may request ap- 
proval to structure such program in a manner 
different from that prescribed in Paragraphs (b) 
and (c) of this Rule. To be approved by the 
Commission, the proposed program structure 
must satisfy the minimum classroom hour re- 
quirements for such programs, must provide for 
appropriate course titles, and must provide for 
subject area coverage and enrollment prerequi- 
sites that are comparable to the requirements for 
programs that are structured as described in Par- 
agraphs (b) and (c) of this Rule. 

(e) An exception to the course prerequisite re- 
quirements stated in Paragraphs (b) and (c) of 
this Rule or established under Paragraph (d) of 
this Rule shall be permitted only when the per- 
son desiring the exception has obtained from the 
Commission an exemption from the prerequisite 
course(s) which the person would normally be 
required to have completed. A course exemption 
will be granted only upon a finding by the Com- 
mission that the person possesses appraisal edu- 
cation ef exporionco equivalent to the course(s) 
for which the exemption is requested. A request 
for course exemption must be made on a form 
prescribed by the Commission. a»4 peroonr . f44- 
»g such requoots should allow AS days fee con 
oidoration ©f the roquoat. If a request for course 
exemption is granted, the person granted the ex- 
emption may present the notice of course ex- 
emption issued by the Commission to any 
approved or licensed school in order to obtain 
the desired exception to the normal prerequisite 
requirements. 

Statutory Authority G.S. 93A-4(a),(d); 93A-33; 
93A-75(a). 

.0308 APPRAISAL INSTRUCTORS 

(a) Except as indicated in Paragraph (b) of this 
Rule, all appraisal pre-licensing and pre- 
certification courses must be taught by instruc- 
tors who possess good moral character and either 
the minimum appraisal education and experience 
qualifications listed in this Rule or other quali- 
fications that are found by the Commission to 



be equivalent to those listed. These qualification 
requirements must be met on a continuing basis. 
For a previously-approved instructor, experience 
in teaching appraisal courses may be substituted 
for any required appraisal experience when a 
school is seeking continued approval of the in- 
structor. The minimum qualifications are as 
follows: 

(1) Residential appraiser courses: 90 class- 
room hours of real estate appraisal edu- 
cation equivalent to the residential 
appraiser education program prescribed in 
Rule .0302(b) of this Section and either 
two years' full-time experience as a resi- 
dential real estate appraiser within the 
previous five years or three years' full-time 
experience as a general real estate ap- 
praiser within the previous five years, with 
at least one-half of such experience being 
in residential property appraising. After 
July 1, 1991, instructors must also be 
! ' . tati > liciMV ' i ' d either state-certified residen- 
tial or state-certified general real estate 
appraisers. 

(2) General appraiser courses: 180 classroom 
hours of real estate appraisal education 
equivalent to the general appraiser educa- 
tion program prescribed in Rule .0302(c) 
of this Section and three years' full-time 
experience as a general real estate ap- 
praiser within the previous five years, with 
at least one-third of such experience being 
in income property appraising. After July 
1, 1991, instructors must also be state- 
certified general real estate appraisers. 

(b) Guest lecturers who do not possess the 
qualifications stated in Paragraph (a) of this Rule 
may be utilized to teach collectively up to one- 
third of any course, provided that each guest lec- 
turer possesses experience directly related to the 
particular subject area he is teaching. 

Statutory Authority G.S. 93 A- 33; 93A-75(a). 

SUBCHAPTER 580 - REAL ESTATE 
APPRAISERS 

SECTION .0300 - APPRAISER EXAMINATIONS 

.0302 SUBJECT MATTER AND PASSING 
SCORES 

(a) The examination for licensure as a state- 
licensed residential real estate appraiser and for 
certification as a state-certified residential real es- 
tate appraiser shall test applicants on the follow- 
ing genera] subject areas: 

( 1) basic real property law; 

(2) concepts of value; 

(3) forces affecting real estate values; 



5:13 NORTH CAROLINA REGISTER October 1, 1990 



S64 



PROPOSED RULES 



(4) residential real estate financing; 

(5) residential construction and design; 

(6) the appraisal process; 

(7) valuation principles and procedures; 

(8) application of valuation principles and 
procedures to the valuation of various 
types of residential properties and to re- 
lated appraisal assignments; 

(9) standards of appraisal practice; 

(10) the North Carolina Real Estate Ap- 
praisers Act and related commission rules; 
and 

(11) related subject areas. 

(b) In addition to the subject areas listed in (a) 
of this Rule, the examination for certification as 
a state-certified general real estate appraiser shall 
test applicants on the following general subject 
areas: 

(1) income capitalization principles and pro- 
cedures; 

(2) application of valuation principles and 
procedures to the valuation of all types of 
income-producing and other properties 
and to related appraisal assignments; and 

(3) related subject areas. 

(c) In order to pass the examination for 
licensure as a state-licensed residential real estate 
appraiser or for certification as a state-certified 
residential real estate appraiser or state-certified 
general real estate appraiser, an applicant must 
attain a score equal to at least 75 percent of the 
total point value for the questions on the exam- 
ination. Passing applicants will receive only a 
score of "pass"; however, failing applicants will 
be informed of their actual score. 



Statutory Authority G.S. 93A-73(c); 93A-77. 

SECTION .0400 - GENERAL APPRAISAL 
PRACTICE 

.0402 DISPLAY OF LICENSES AND 
CERTIFICATES 

(a) The real estate appraiser license or certif- 
icate of a state-licensed or state -certified real es- 
tate appraiser shall be prominently displayed at 
the appraiser's place of business, provided that 
the license or certificate of a managing appraiser 
and the license or certificate of each licensee or 
certificate holder engaged in real estate appraisal 
activities at the office of the managing appraiser 
shall be prominently displayed at such office. 

(b) The annual license or certificate renewal 
pocket card issued by the Commission to each 
state-licensed or state-certified real estate ap- 
praiser shall be retained by the licensee or certif- 
icate holder as evidence of licensure or 
certification. 



Statutory Authority G.S. 93A-77. 

.0406 APPRAISAL REPORTS 

(a) Each written appraisal report prepared by 
or under the direction of a state-licensed or 
state-certified real estate appraiser shall bear the 
signature of the state-licensed or state-certified 
appraiser, the license or certificate number of the 
licensee or certificate holder in whose name the 
appraisal report is issued, and the designation 
"state-licensed residential real estate appraiser", 
"state-certified residential real estate appraiser", 
or the designation "state-certified general real es- 
tate appraiser", or "state-certified 
residential general real estate appraiser", as ap- 
plicable. Each such appraisal report shall also 
indicate whether or not the state-licensed or 
state-certified appraiser has personally inspected 
the property, and shall identify any other person 
who assists in the appraisal process other than 
by providing clerical assistance. 

(b) Every state-licensed and state-certified real 
estate appraiser shall affix or stamp to all ap- 
praisal reports a seal of a design authorized by the 
Commission which shall set forth the name and 
license or certificate number of the appraiser in 
whose name the appraisal report is issued and 
shall identify the appraiser as a "state-licensed 
residential real estate appraiser", a "state-certified 
residential real estate appraiser", or as a "state- 
certified general real estate appraiser" or "state- 
certified residential/general real estate appraiser", 
as applicable. 

(c) A state-licensed or state-certified real estate 
appraiser who signs an appraisal report prepared 
bv another person, including a subcontractor, 
acting under the direction or supervision of the 
appraiser shall be fully responsible for the con- 
tent of the report. 

(d) Notwithstanding the provisions of Rule 
.0405 of this Section regarding the issuance of 
oral appraisal reports, a written appraisal report 
shall be issued on all real estate appraisals per- 
formed in connection with federally related 
transactions. 



Statutory Authority G.S. 93A-77. 

.0408 SUPERVISION OF UNLICENSED AND 
UNCERTIFIED ASSISTANTS 

A state-licensed or state-certified real estate ap- 
praiser may employ a person or persons not li- 
censed or certified as a real estate appraiser to 
assist in the performance of real estate appraisals, 
provided that the state-licensed or state-certified 
real estate appraiser: 



?65 



5:13 NORTH CAROLINA REGISTER October 1, 1990 



PROPOSED RULES 



(1) actively and personally supervises the unli- 
censed and uncertified assistant; 

(2) reviews all appraisal reports and supporting 
data used in connection with appraisals in 
which the services of an unlicensed and un- 
certified assistant is utilized; 

(3) signs all appraisal reports fof appraisals » 
which the services ef- as- unlicensed a«4 wt- 
certifiod assistant was utilized; complies with 
all provisions of Rule .0406 of this Section 
regarding appraisal reports; and 

(4) indicates e» the appraisal report whether 
e* »©t- he has personally inspected the 
property; a«4 

£5} (4) prepares and furnishes to the managing 
appraiser, if applicable, and to each unli- 
censed and uncertified assistant whose ser- 
vices were utilized in connection with the 
appraisal, a report on a form prescribed by 
the Commission describing the nature and 
extent of assistance rendered by the unli- 
censed and uncertified assistant in con- 
nection with the appraisal, and places a copy 
of such report in the supporting file for the 
appraisal. 

Statutory Authority G.S. 93A-71(f); 93A-77. 

.0409 SUPERVISION OF LICENSED AND 

CERTIFIED RESIDENTIAL APPRAISERS 

(a) When a state-licensed residential real estate 
appraiser assists a state-certified residential or 
general real estate appraiser in the performance 
of a real estate appraisal and the resulting ap- 
praisal report is to be signed by the state-certified 



real estate appraiser, the state-certified real estate 
appraiser shall: 

(1) actively and personally supervise the state- 
licensed real estate appraiser; 

(2) review the appraisal report and supporting 
data used in connection with the appraisal; 

(3) indicat e e» the appraisal report whothor e* 

a«4 comply with all provisions of Rule 
.0406 of this Section regarding appraisal re- 
ports; and 

(4) prepare and furnish to the managing ap- 
praiser, if applicable, and to each state- 
licensed real estate appraiser whose services 
were utilized in connection with the ap- 
praisal, a report on a form prescribed by the 
Commission describing the nature and ex- 
tent of assistance rendered by the state- 
licensed real estate appraiser in connection 
with the appraisal, and place a copy of such 
report in the supporting file for the ap- 
praisal. 

(b) When a state-certified residential real estate 
appraiser assists a state-certified general real es- 
tate appraiser in the performance of a real estate 
appraisal and the resulting appraisal report is to 
be signed by the state-certified general real estate 
appraiser, the state-certified general real estate 
appraiser shall perform those supervisory acts set 
forth in Paragraph (a) of this Rule with regard to 
the activities of the state-certified residential real 
estate appraiser. 

Statutory Authority G.S. 93A-77. 



5:13 NORTH CAROLINA REGISTER October 1, 1990 



S66 



FINAL RULES 



The Li 



st of Rules Codified is a listing of rules that were filed to be effective in the month indicated. 



i\ules filed for publication in the NCAC may not be identical to the proposed text published pre- 
viously in the Register. Please contact this office if you have any questions. 

/I dopted rules filed by the Departments of Correction, Revenue and Transportation are published 
in this section. These departments are not subject to the provisions of G.S. 150B. Article 2 requiring 
publication in the X.C. Register of proposed rules. 

(J pon request from the adopting agency, the text of rides will be published in this section. 

lunctuation, typographical and technical changes to rules are incorporated into the List of Rules 
Codified and are noted as * Correction. These changes do not change the effective date of the rule. 



TITLE 5 - DEPARTMENT OF CORRECTION 

CHAPTER 2 - DIVISION OF PRISONS 

SLBCHAPTER 2E - TREATMENT 

SECTION .1500 - SAFETY AND HEALTH 

.1501 PURPOSE 

(a) The North Carolina Department of Correction subscribes to the Executive Order establishing the 
State Employee's Work Place Requirements Program for Safety and Health. The Division of Prisons 
through the exercise of its authority shall assure insofar as possible through a Comprehensive 
Correctional Safety and Health Program that every employee in the Division of Prisons will have safe 
and healthful workina conditions and meet the standards provided in Executive Order No. 6 (1985); 
and G.S. 93-129.1: 95-130.1; and 95-148. 

(bj The rights and duties of employers and employees as described in these standards shall henceforth 
become a part of the rules and regulations of the Division of Prisons. 

(c) The Division of Prisons will make a vigorous and diligent effort to achieve full compliance with 
these standards and will commit such resources as required to fully perform the responsibilities assigned 
to state agencies as described in the Order. To meet this goal, the Division will create and maintain a 
Safety Policy Manual, which will be issued and maintained under separate cover. Adherence to the 
policies contained therein shall be required by all facilities subject to the Department's rules and regu- 
lations, unless otherwise waived in writing by the Director of Prisons, or his designee. 

fdi Fmployees are hereby guaranteed the exercise of their rights under the Safety and Health Stand- 
ards without being subjected to retaliation. These rights include the right to register complaints about 
unsafe working conditions; the right to be fully informed about disposition of complaints: and the right 
to be fully advised about violations of safety standards. These rights also include the right to participate 
in the safety program and to be represented at safety inspections. 

History Xote: Authority G.S. 95- 129. I; 95- 1 30. 1; 95- 1 48; 148-11; 
Executive Order Xumber 6; 
Eff. October 1, 1989; 
Amended Eff October 1. 1990. 

SLBCHAPTER 2F - CUSTODY AND SECURITY 

SECTION .1800 - CONTROL OF FIREARMS 



,V6~ 



5:73 NORTH CAROLINA REGISTER October 1, 1990 



FINAL RULES 



.1801 GENERAL 

It shall be the Policy of the Division of Prisons to have sufficient numbers and types of standardized 
firearms maintained in authorized armories which contribute to institutional security and promote 
public safety through the assignment and appropriate utilization of firearms by trained correctional staff. 

History Note: Statutory Authority G.S. 148-5; 148-11; 
Eff. November I ', 1976; 
Amended Eff. October 1, 1990. 

.1802 RESPONSIBILITIES 

(a) The Director of Prisons will establish a list of Standardized Firearms and Authorized Facility 
Firearms Inventory based upon a published formula. 

(b) Each facility superintendent is required to designate space for an armory in order to safely and 
securely store firearms, ammunition, and other security equipment. The armory must be: 

(1) secure from inmate access and/or take-over; 

(2) convenient for timely issuance of weapons; 

(3) equipped with proper storage racks, locking metal cabinets and other storage space as appro- 
priate; 

(4) accessible from an entrance outside the facility's secure perimeter. 

(c) An armory supervisor shall be designated by each facility superintendent. The designated indi- 
vidual shall have working knowledge of all equipment stored in the armory and shall be trained in its 
use. The armory supervisor shall also perform the following duties: 

( 1) monthly armory inspections, 

(2) log audits, 

(3) inventory audits, 

(4) supervise armory officer. 

(d) The armory officer shall maintain all equipment in a safe and secure manner. This individual 
will provide maintenance and cleaning of equipment on an approved schedule. The armory supervisor 
will file an annual report with the respective command manager. This report will be filed by July 1 each 
year and should include all equipment at each facility and its location within the facility at the time of 
the report. 

History Note: Statutory Authority G.S. 148-5; 148-11; 
Eff. November 1, 1976; 
Amended Eff. October 1. 1990. 

.1803 APPROVED STANDARD ITEMS 

(a) Only those firearms approved by the Director of Prisons will be used in the execution of Division 
of Prisons' duties and responsibilities. 

(b) Approved Firearms: 

(1) Revolver, Smith & Wesson, Model 65, .357 Magnum 4" heavy barrel, stainless steel. 

(2) Smith & Wesson, Model 10, .38 Caliber. This weapon will continue in service until it can be 
replaced by the above referenced Smith and Wesson Model 65, .357 Magnum. Additional .38 
caliber weapons will not be purchased. 

(3) Shotgun, Remington, Model 870, 12-gauge pump. 

(4) Rifle, Ruger Mini 14, semi-automatic .223 caliber, with twenty-shot magazine. 

(c) Approved Ammunition: 

( 1) All new ammunition for all calibers of weapons will be ordered annually. The old ammunition 
will be used to range check weapons and for training and will be marked "range use only." All 
ammunition and other combustible materials must be stored in secure metal cabinets. 

(2) All issued ammunition will be replaced every three months and used for range training or field 
testing of weapons and will be marked "range use only." 

(3) Standardized Rounds: 

(A) Model 65 revolver: .357 Magnum, 125 grain jacketed hollow point. 

(B) Model 10 revolver: .38 Caliber, 1 10 grain jacketed hollow point. 

(C) 12 gauge shotgun: Tower and ground use will be 2-3/4" #1 buckshot, average 20 pellet load. 

(D) Rifle: .223 Caliber, 55 grain pointed soft nose. 

History Note: Statutory Authority G.S. 148-5; 148-1 1; 



5:13 NORTH CAROLINA REGISTER October 1, 1990 S6S 



FINAL RULES 



Eff. October 1, 1990. 

.1804 WEAPONS MAINTENANCE SCHEDULE 

(a) All weapons used on the firing range will be cleaned after daily use. 

(b) All weapons (except tower weapons) issued but unused will be cleaned at least weekly. 

(c) Any weapon exposed to inclement weather will be cleaned upon return to the point of issue. 

(d) .All weapons stored in the armory unused and unissued will be cleaned at least once every quarter. 

(e) All weapons will be fired and cleaned every six months. 

(f) Reports regarding firing and cleaning problems with weapons will be dated and submitted on the 
annual Arms, Ammunition, and Armory Control Report. 

(g) All weapons found to be inoperative will be repaired by a trained gunsmith as soon as possible. 

(h) All weapons stored at an issue point, other than the armory, or used for regular issue, i.e., trans- 
porting, hospital duty, perimeter patrol or tower duty, will be rotated back to the armory at least once 
per quarter. 

(i) All weapons and equipment issued for tower duty shall be: 

(1) visually checked each shift by the officer assigned to that tower; 

(2) checked at least once weekly by the armory supervisor or a supervisor designated that duty. 

History Note: Statutory Authority G.S. 148-5; 14S-1 1 ; 
Eff. October I, 1990. 

.1805 WEAPONS ENVENTORY, CONTROL, AND ISSUE 

(a) Fiscal Administration Policy 1C .1700 delineates a uniform system inventory control, firearm 
disposal, and individual accountability of firearms. 

(1) A physical inventory of all weapons will be made monthly. 

(2) Fquipment Control Listing will be maintained in the armory and the superintendent's office. 

(b) All weapons will be assigned to the armory inventory. 

( 1) All weapons will be issued out of the armory either directly to a person or to a secure issue point 
where the weapons can be reissued. 

(2) Weapons issued to an issue point, a tower, or for temporary' issue will be recorded on the 
Temporary' Equipment Issue Log. 

(3) Weapons re-issued from an issue point will be recorded in a log book maintained for that pur- 
pose. That log will include the following information: date of issue, serial number, type of 
equipment, issued to, reason for the issue and date returned. 

(c) Weapons assigned to employees on a permanent basis will be strictly controlled. 

(1) A memorandum of receipt will be accomplished and signed by every employee who is assigned 
a firearm on a permanent basis. The issue will be documented on the Permanent Equipment 
Issue Log maintained at the armory. 

(2) Firearms may be permanently assigned to area administrators, district managers, PERT com- 
pany commanders, PERT assistant company commander, PERT platoon leaders, PERT as- 
sistant platoon leaders, fugitive lieutenants and bloodhound handlers upon the approval of the 
command manager. All other permanently assigned weapons must be approved by the deputy 
director. 

(3) The assigned employee is responsible for the maintenance, safety, and security of the weapon. 
If the firearm is lost, stolen, or otherwise missing, the Department shall be reimbursed by the 
employee the depreciated value of the firearm. 

(d) The number of weapons assigned to each facility will be in accordance with the Local Inventory 
Standards formula issued by the Director of Prisons. 

(e) Fiscal Policy 1C .1600 governs the purchase of firearms by retiring employees and surviving 
spouses or surviving children. 

Histoty Xote: Statutory Authority G.S. 148-5; 148-11; 
Eff. October 1. 1990. 

.1S06 LOST WEAPONS 

As soon as it is discovered that a weapon may be missing, the following shall be accomplished: 

( 1 ) A complete inventory of all weapons will be conducted. 

(2) Loss or theft of firearms will be reported through the normal chain-of-command on Incident 
Report, Form DC-432. 



S69 5:13 NORTH CAROLINA REGISTER October 1. 1990 



FINAL RULES 



(3) The PIN Communication Center in the Prison Headquarters (Randall Building) should be noti- 
fied immediately by telephone giving specific data, i.e., serial numbei', make, caliber, type, date of 
theft or loss, model, length of barrel, finish, circumstances under which stolen or loss, etc. 

(4) If a firearm is recovered, the PIN Communication Center should be notified in the manner of 
Paragraphs (1), (2) and (3) of this Rule. 

(5) The PIN operator will send the reporting unit a copy of the PIN Stolen/ Recovered Gun Report 
showing that lost or stolen weapon has been reported and likewise on all weapons recovered. 

(6) A copy of the Incident Report, Form DC-432, and PIN Stolen/Recovered Gun Report must be 
forwarded to the Equipment Control Office before any firearm can be removed due to losses or 
theft. 

History Note: Statutory Authority G.S. 148-5; 148-1 1; 
Eff. October 1, 1990. 

.1807 SNIPER EQUIPMENT 

Under no circumstances is any employee or armory officer to tamper with or shoot a sniper rifle 
without notifying the designated sniper and approval of the institution head or area administrator. 

History Note: Statutory Authority G.S. 148-5; 148-11; 
Eff. October 1, 1990. 

.1808 PROFICIENCY 

Weapons shall only be issued to persons who are proficient in the use of the weapon to be issued. 
Employees will be issued credentials to include the employee's name, weapons proficiency, and the date 
of proficiency expiration for each weapon. 

History Note: Statutory Authority G.S. 148-5; 148-11; 
Eff. October 1, 1990. 

.1809 STORAGE OF WEAPONS 

(a) All weapons shall be stored in a safe and secure manner. Stored weapons shall not be loaded. 

(b) Cabinets containing arms, ammunition, or equipment should have an inventory list indicating the 
contents and specific location. Where security considerations allow, the inventory should be posted 
on the outside of the cabinet. 

(c) All dated materials, such as gases or ammunition, shall be stored so that the oldest is issued first. 

(d) All armories will contain batter)' powered emergency lighting, fire extinguishers, and a telephone. 

(e) All ammunition and other combustible materials must be stored in secure metal cabinets. 

(f) Facility Standard Operating Procedures shall prevent firearms from entering the prison facility 
confines. Provisions shall be made for the secure storage of visitors' firearms prior to entry into the 
facility. 

History Note: Statutory Authority G.S. 148-5; 148-11; 
Eff. October 1, 1990. 

TITLE 10 - DEPARTMENT OF HUMAN RESOURCES 

CHAPTER 45 - NORTH CAROLINA DRUG COMMISSION 

SUBCHAPTER 45H - DRUG TREATMENT FACILITIES 

SECTION .0200 - SCHEDULES OF CONTROLLED SUBSTANCES 

.0202 SCHEDULE I 

(d) Hallucinogenic Substances. L'nless specifically excepted or unless listed in another schedule, any 
material, compound, mixture or preparation which contains any quantity of the following 
hallucinogenic substances, or which contains any of their salts, isomers and salts of isomers, whenever 
the existence of such salts, isomers and salts of isomers is possible within the specific chemical desig- 
nation (for purposes of this Paragraph only, the term "isomer" includes the optical, position and ge- 
ometric isomers): 



5:13 NORTH CAROLINA REGISTER October I, 1990 870 



FINAL RULES 



(1) 3, 4-methylenedio xy amphetamine 7400 

(2) 3,4-methylenedioxy-N-ethylamphetamine (also 
known as N-ethyl-alpha-methvl-3,4(methylenedioxy) 

phenethylamine, N-ethyl MDA, MDE, and MDEA) 7404 

(3) 5-methoxy-3,4-methylenedioxy-amphetamine 7401 

(4) 3,4,5-trimethoxy amphetamine 7390 

(5) Bufotenine 

Some trade and other names: 

3-(B-Dimethylaminoethyr)-5-hydroxyindole; 

3-(2-dimethylaminoethyl)-5-indolol; 

N,N-dimethylserotonin; 5-hydroxy-N, 

N-dimcthyltryptamine; mappine. 7433 

(6) Diethyltryptamine 

Some trade and other names: 

N,N-Diethyltryptamine; DET 7434 

(7) Dimethyltryptamine 

Some trade and other names: 

DMT 7435 

(8) 3.4-methylenedioxymethamphetamine (MDMA) 
its optical, positional and geometric 

isomers, salts, and salts of isomers 7405 

(9) 4-mcthyl-2,5-dimethoxy-amphetamine 
Some trade or other names: 

4-methvl-2,5-dimethoxY-a-methvlphenethylamine; 
"DOM" 

and "STP." 

7395 

(10) Ibogaine 

Some trade and other names: 

7-Ethyl-6.6B,7,8,9, 10.12. 13-octahydro-2- 

methoxy-6,9-methano-5H-pyrido ( 1 ,2': 1 ,2) 

azepino (5,4-b) indole; tabernanthe iboga. 7260 

(11) Lysergic acid diethylamide 
Some trade or other names: 

LSD 7315 

(12) Mescaline 7381 

(13) N-ethyl-1-phenylcyclohexylamine 7455 

(14) l-(l-phenylcyclohexyr)pvrrolidine 7458 

(15) Parahexyl 

Some trade or other names: 

3-Hexyl-l-hydroxy-7,8,9,10-tetrahydro- 

6,6,9-trimethvl-6H-dibenzo[b,d]pvran; 

Synhexyl. 7374 

(16) Peyote — meaning all parts of the plant 
presently classified botanically as 
Lophophora Wilhamsii Lemaire, whether 
growing or not; the seeds thereof; any 
extract from any part of such plant; and 
every compound, manufacture, salt, 
derivative, mixture or preparation of 

such plant, its seed or extracts. 7415 

(17) N-ethyl-3-piperidyl benzilate 7482 

(18) N-hydroxy-3,4-methylenedioxyamphet- 
amine (also known as N-hydroxy-alpha- 
methyl-3,4-(methylenedioxy)phenethyla- 

mine, and N-hydroxy MDA) 7402 

(19) N-methyl-3-piperidyl benzilate 7484 

(20) N,N-dimethylamphetamine (Some other names: 
N.N.alpha-trimethylbenzeneethaneamme; 



871 5:13 NORTH CAROLINA REGISTER October 1, 1990 



FINAL RULES 



N,N,alpha-trimethylphenethylamine), its salts, 

optical isomers, and salts of optical isomers 1480 

(21) Psilocybin 7437 

(22) Psilocyn 7438 

(23) 2,5-dimethoxyamphetamine 
Some trade and other names: 
2,5-dimethoxy-a-methylphenethylamine; 

2,5-DMA. 7396 

(24) 4-bromo-2,5-dimethoxy-amphetamine 
Some trade or other names: 
4-bromo-2,5-dimethoxy-a-methylphenethylamine; 

4-bromo-2,5-DMA. 7391 

(25) 4-methoxyamphetamine 
Some trade or other names: 
4-methoxy-a-methylphenethylamine; 

paramethoxyamphetamine; PMA. 7411 

(26) Thiophene analog of phencyclidine 
Some trade or other names: 

l-[ l-(2-thienyl)-cyclohexyl]-piperidine; 

2-thienyl analog of phencyclidine; TPCP, TCP. 7470 

(27) l-[l-(2-thienyl)cyclohexyl]pyrrolidine 

Some other names: TCPy 7473 

History Note: Statutory Authority G.S. 90-88; 90-89; 143B-147; 
Eff June 30, 1978; 

Amended Eff. October I, 1990; August 1, 1990; 
December 1, 1989; August 1, 1989. 

TITLE 17 - DEPARTMENT OF REVENUE 

CHAPTER 7 - SALES AND USE TAX 

SUBCHAPTER 7B - STATE SALES AND USE TAX 

SECTION .0100 - GENERAL PROVISIONS 

.0101 IMPOSITION OF/LIABILITY FOR COLLECTING/REMITTING TAX 

(a) All retail sales of tangible personal property are subject to the three percent, two percent or the 
one percent sales or use tax unless specifically exempt by statute. Effective January 1, 1985, the gross 
receipts derived by a utility from sales of electricity, piped natural gas or intrastate telephone service are 
subject to the three percent state rate of sales tax, other than receipts from the sale of electricity by a 
municipality whose only wholesale supplier of electric power is a federal agency and who is required 
by contract with that federal agency to make payments in lieu of taxes. The statute was amended ef- 
fective January 1, 1989, to substitute the term "local telecommunications services" for the term "intra- 
state telephone service," as used in the above sentence, and to levy the three percent rate of tax only 
on receipts derived from local telecommunications services as defined by G.S. 105- 120(e). A new 
subdivision, G.S. 105-164.4 (a) (4c) was added, effective January 1, 1989, which levies a six and one-half 
percent sales tax on the gross receipts derived from toll or private telecommunications services, as de- 
fined by G.S. 105-120(e), that both originate from and terminate in the state. The provisions of G.S. 
105-164.4 (a) (c) do not apply to telephone membership corporations as described in Chapter 117 of 
the General Statutes. The gross receipts derived by a utility from sales of electricity, piped natural gas 
and telecommunications services are not subject to the local sales or use tax. Wholesale sales are not 
subject to the tax if made pursuant to the conditions set forth in the statutory definition of wholesale 
sale. Every person making retail sales of taxable tangible personal property or charges for taxable utility 
services is required to register with the department and collect and remit all tax due on such sales. 

(b) A use tax at the applicable rate is levied on taxable tangible personal property purchased or re- 
ceived from within or without this state for storage, use or consumption in this state. The liability for 
the tax is not extinguished until it is fully paid, except that payment of the tax to a vendor who charges 
such tax shall relieve the purchaser of further Liability with respect to the tax so paid. Where retail sales 



5:13 NORTH CAROLINA REGISTER October I, 1990 872 



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or use tax is due and has already been paid in another state by the purchaser with respect to such tan- 
gible personal property, such tax may be credited against the North Carolina use tax due thereon. If 
the tax paid in another state is less than the North Carolina use tax due, the difference must be paid in 
this State. Effective July 1, 1981, no credit shall be allowed for sales or use taxes paid in another state 
if that taxing jurisdiction does not grant similar credit for sales taxes paid in North Carolina. Every 
person outside this state who is engaged in busmess in this state, as hereinafter defined, is required to 
register with the department and collect and remit the tax due on all taxable tangible personal property 
sold or delivered for storage, use or consumption in this state. Every person who purchases from 
out-of-state vendors any taxable tangible personal property for storage, use or consumption in this state 
upon which the tax has not been fully paid must register with the department and remit the tax due 
on such purchases. A fee is not required for registration by a consumer and a license is not issued in 
connection with such registration; however, all registrants will be furnished report forms to be used in 
reporting and remitting all tax due. 

(c) In addition to administering the Sales and Use Tax Law, the Department is responsible for ad- 
ministering and collecting the highwav use tax on the lease or rental of motor vehicles and the scrap 
tire disposal fee. Reference is made to 17 NCAC 7B .4619, 17 NCAC 7B .4601 and 17 NCAC 7B 
.1906, respectively, for further information on these levies. 

Histon 1 Note: Statutory Authority G.S. 105-164.4; 105-164.5; 105-164.6; 
105-262; 

Eff Febnmrv 1, 1976; 

Amended Eff October 1, 1990; May 1, 1990; 
August 1, 1986; February 1, 19S6. 

.0104 REPORTS 

(a) A person who engages exclusively in the business of making wholesale sales is not required to file 
monthly reports. However, if in addition to making wholesale sales, such person makes taxable sales 
to users or consumers or nonregistered merchants or makes purchases subject to the use tax, he is re- 
quired to file semimonthly, monthly or quarterly reports as provided by statute. 

(b) All utilities shall file a monthly return except that a utility allowed to pay tax under G.S. 105-120 
on a quarterly basis shall file a quarterly return. A quarterly return is due by the last day of the month 
following the quarter covered by the return. A monthly return is due by the last day of the month 
following the month in which the tax accrues, except the return for tax that accrues in May is due by 
June 25th of each year. 

A utility that is required to file a monthly return may file an estimated return for the first month, the 
second month or both the first and second months of the quarter. A utility is not subject to interest 
on or penalties for an underpayment submitted with an estimated monthly return if the utility timely 
pays at least 95 percent of the amount due with a monthly return and includes the underpayment with 
the company's return for the third month of the same quarter. 

(c) Every person who purchases from out-of-state vendors taxable tangible personal property for 
storage, use or consumption in this state upon which the tax has not been fully paid must file reports 
on a semimonthly, monthly or quarterly basis as provided by statute and report all such purchases and 
remit the applicable tax due thereon. 

Histoty Note: Statutory Authority G.S. 105-164.16: 
105-164.17; 105-262; 
Eff. February 1. 1976; 

Amended Eff. October 1, 1990: April 1, 19S6; 
February 1, 19S6; January- 1, 1982. 

.0105 MEASURE OE TAX DUE 

(a) The tax is due on the merchant's gross retail sales after deducting therefrom exempt sales and other 
nontaxable receipts. The merchant shall pay to the state the amount due, as provided by statute, at 
the applicable rates on his total taxable retail sales, irrespective of whether he has collected the tax 
thereon and shall also pay any amount of tax collected in excess of the amount which should have been 
collected on taxable sales. If tax is collected on exempt or nontaxable sales, the tax erroneously col- 
lected must be paid to the secretary and no refund thereof shall be made to a taxpayer unless the pur- 
chaser has received credit for or has been refunded the amount of tax erroneouslv collected. 



873 5:13 NORTH CAROLINA REGISTER October 1, 1990 



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(b) When the customer purchases more than one article at one trading period, the applicable rate of 
tax should be applied to the total charge rather than to the charge for each article. Those businesses 
having cash registers at each counter or in each department should collect a tax equal to the tax due 
on the total charge for tangible personal property purchased by a customer at one trading period 
without leaving the place of business. Whenever a person entertains guests and pays the total combined 
charge for meals or refreshments, the tax should be applied to the total combined charge for such 
property, even though separate checks or invoices are issued to each individual. 

History Note: Statutory Authority G.S. 105-164.11; 105-262; 
Eff. February 1, 1976; 
Amended Eff October I, 1990. 

.0124 ERRONEOUS INFORMATION 

The state is not estopped to collect the retail sales or use tax levied by the statute by reason of an agent 
of the Department of Revenue erroneously advising the merchant that certain sales are not subject to 
the tax. Whenever the Secretary of Revenue shall construe any provisions of the revenue laws ad- 
ministered by him and shall issue or publish to taxpayers in writing any regulation or ruling so con- 
struing the effect or operation of any such laws, such ruling or regulation shall be a protection to the 
taxpayers affected thereby and taxpayers shall be entitled to rely upon such regulation or ruling. 

History Note: Statutory Authority G.S. 105-164.4; 105-164.6; 105-262; 
Eff. January 1, 1982; 
Amended Eff. October 1, 1990. 

SECTION .0700 - SPECIFIC INDUSTRY PURCHASES 

.0707 CONCRETE MANUFACTURERS 

(a) Weigh hoppers sold to ready-mix concrete manufacturers and sales of scales to other manufac- 
turers are subject to the one percent rate of tax with a maximum tax of eighty dollars ($80.00) per article 
when used for weigliing cement or ingredient materials for the manufacturing process. Sales to man- 
ufacturers of scales for use in shipping and receiving areas are subject to the three percent rate of tax. 

(b) Effective October 1, 1989, the sale of a truck with a ready-mix concrete mill mounted upon the 
chassis at the time of the sale which is operated off a power train from the truck transmission is exempt 
from sales tax and subject to the three percent highway use tax with a maximum tax of one thousand 
dollars ($1,000.00) applicable thereto when sold to a ready-mix concrete manufacturer for use in mixing 
concrete for sale and transporting it to the purchaser. Prior to October 1, 1989, such a sale was subject 
to the two percent rate of tax with a maximum tax of three hundred dollars ($300.00) when sold to a 
ready-mix concrete manufacturer for the above-described purposes. 

(c) Sales of calcium chloride to concrete manufacturers for use as an ingredient or component part 
of concrete manufactured for sale are exempt from tax. Sales of calcium chloride to contractors for 
use or consumption in the performance of contracts are subject to the three percent rate of tax. Ef- 
fective February 15, 1984, sales of calcium chloride solutions to farmers for use as an antifreeze in 
tractor tires are subject to the one percent rate of tax. 

History Note: Statutory Authority G.S. 105-164.4; 
105-164.6; 105-164.13; 105-262; 
Eff. February 1, 1976; 
Amended Eff October 1, 1990; July 1, 1984; January 1, 1982. 

SECTION .1900 - TIRE RECAPPERS AND RETREADERS: TIRE AND TUBE REPAIRS 

.1906 SCRAP TIRE DISPOSAL FEE 

(a) Effective January 1, 1990, a scrap tire disposal fee of one percent is levied on the sales price of each 
retail sale of a new motor vehicle tire. The fee is not due on tires sold for any implement of husbandry, 
farm tractor, road construction or maintenance machinery or equipment, special mobile equipment, 
any vehicle designed primarily for use in work off the highway, or a manufactured home. "Sales 
price" includes the amount of any federal manufacturer's excise tax imposed on such tires. The one 
percent fee is imposed on tire retailers' net taxable sales of new motor vehicle tires and it is to be col- 



5:13 NORTH CAROLINA REGISTER October L 1990 874 



FINAL RLLES 



lected and paid in the same manner as the State sales tax. However, the tee is not a part of the tax base 
on which the sales tax is to be computed. It does not apply to: 

( 1 ) sales of recapped tires, 

(2) receipts from the lease or rental of tires, 

(3) sales of tires for resale, 

(4) the sale of used motor vehicle tires, 

(5) factor,' installed tires which after use are replaced with new tires and then sold at retail. 

(6) tires which are sold to motor vehicle dealers to be mounted on and sold as a part of a new or 
used motor vehicle, or 

(7) sales to the United States Government or any agency thereof. 

(b) Motor vehicle tires purchased outside of North Carolina for use in this State will be subject to 
the one percent fee on the cost price of each new tire to be paid in the same manner as the State use 
tax under G.S. 105-164.6. Every person located outside this State engaged in business in this State is 
required to register with the Department and collect and remit the scrap tire disposal fee on all retail 
sales of new motor vehicle tires sold or delivered for storage, use or consumption in this State. The 
exemptions and exclusions under the Sales and Use Tax Law and the "storage and use exclusion," as 
well as the lower rates of tax imposed by the Sales and Use Tax Law, do not apply to this fee levy. 
The refund provisions of G.S. 105-164. 14(a), (b) and (c) do not apply to this fee lew. 

(c) The fee levy constitutes a separate collection program from sales tax for the Sales and Use Tax 
Division and is to be reported on the Waste Tire Disposal Fee Report, Form E-500 G. which is pro- 
vided by the Department. 

(d) Even' person engaged in the business of selling new motor vehicle tires at retail or making pur- 
chases subject to the scrap tire use fee and whose total scrap tire fee liability is consistently less than 
twenty thousand dollars ($20,000) per month must file on, or before the 15th day of each calendar 
month a report for the previous month and remit the taxes due with such report. When the total 
amount of the scrap tire disposal fee for which a taxpayer is liable is consistently less than twenty-five 
dollars ($25.00) per month, such taxpayer may file a quarterly return with remittance of the tax on or 
before the 15th day of January, April, July and October of each year for the preceding three months' 
period upon making application to the Secretary to use such basis of reporting. A report must be filed 
for each reporting period. Reports for the periods in which no sales are made should be marked "no 
sales." A taxpayer who is consistently liable for at least twenty thousand dollars ($20,000) per month 
in scrap tire disposal fees shall, as directed by the Secretary of Revenue, file -a return on a semimonthly 
basis. These returns are due within ten days after the end of each semimonthly period. The semi- 
monthly reporting periods are the first through the 15th day of each month and the 16th through the 
last day of each month. In determining the amount of tax due from a taxpayer for a reporting period, 
the Secretary shall consider the total amount due from all places of business owned or operated by the 
same person as the amount due for that period. 

History Xote: Statutory Authority G. S. 105-262; 105-264; 130A-309.55; 
130 A- 309. 56: 
Eff. October 1, 1990. 

SECTION .2100 COAL: COKE: FUEL OIL: OXYGEN: ACETYLENE: HYDROGEN: 
LIQUEFIED PETROLEUM GAS AND OTHER COMBUSTIBLES 

.2105 AVIATION FUEL 

Sales of aviation gasoline and other aviation fuel to users or consumers in this state are subject to the 
three percent state and two percent local rates of tax. The federal tax on aviation gasoline or other 
aviation fuels which is levied at the rate of 9.1 cents per gallon by Chapter 32, Section 40S1, of the 
Internal Revenue Code and the federal super fund tax of .35 cents per gallon are imposed on gasoline 
sold by any producer, terminal operator or importer of gasoline and should be included in the sales 
price of aviation gasoline on which North Carolina sales tax is due. The federal tax of three cents per 
gallon on noncommercial aviation gasoline and the federal tax of 14.1 cents per gallon on certain other 
liquids sold for use or used for fuel in noncommercial aviation as levied by the provisions of Chapter 
31, Section 4041, of the Internal Revenue Code, are taxes imposed at the retail level and these taxes 
are not includable in the sales price upon which North Carolina sales tax is due. 

History Xote: Statutory Authority G.S. 105-164.4; 105-164.6; 105-262; 
Eff. February 1. 1976; 



S~5 5:B NORTH CAROLINA REGISTER October 1, 1990 



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Amended Eff. October 1, 1990; January 3, 1984. 

SECTION .2600 - LIABILITY OF CONTRACTORS: USE TAX ON EQUIPMENT BROUGHT 

INTO STATE: BUILDING MATERIALS 

.2606 PREFABRICATED BUILDINGS: CONTRACTORS 

Sales of pre-fabricated buildings to contractors, builders, or other users or consumers in this state are 
subject to the three percent state and two percent local sales or use tax. Manufacturers of pre-fabricated 
buildings entering into performance contracts for the erection of buildings are liable for payment of the 
three percent state and two percent local sales or use tax on the cost price of tangible personal property 
used in the performance of the contract. 

History Note: Statutory Authority G.S. 105-164.4; 105-164.6; 105-262; 
Eff. February 1 , 1976; 
Amended Eff October 1, 1990. 

SECTION .3200 - TELEPHONE AND TELEGRAPH COMPANIES 

.3201 IN GENERAL 

(a) Sales of central office equipment and switchboard and private branch exchange equipment to 
telephone and telegraph companies regularly engaged in providing telephone and telegraph services to 
subscribers on a commercial basis and, effective July 1, 1983, sales to those companies of prewritten 
computer programs used in providing telephone service to their subscribers are subject to the one per- 
cent sales or use tax with a maximum tax of eighty dollars ($80.00) per article. For the purpose of 
determining the items that may be properly included in the terms central office equipment, switchboard 
equipment and private branch exchange equipment, reference is made to Accounts 221, 231 and 234 
of Title 47--Telecommunication Chapter 1, Fart 31, Uniform Systems of Accounts, Class A and Class 
B Telephone Companies, of the Federal Communications Commission's rules and regulations as re- 
vised to January 1, 1960. This Rule has no application to future changes in the Federal Communi- 
cations Commission's rules and regulations until such changes are reviewed by the Secretary of 
Revenue to determine the application of tax to the tangible personal property affected by such changes. 

(b) Account 221; Central Office Fquipment. This account includes switchboards and other equip- 
ment, instruments and apparatus necessary to the functions of central offices. Sales to and purchases 
by the above-referred to telephone and telegraph companies of the items included in Account 221, with 
certain exceptions, examples of which are set out below, are subject to the one percent sales or use tax 
with a maximum tax of eighty dollars ($80.00) per article, irrespective of whether the items are classified 
in the Uniform System of Accounts as capital expenditures or as maintenance expense. Examples of 
items contained in Account 221 which are taxable at the three percent rate are: 

(1) aisle-lighting equipment attached to buildings; 

(2) minor building alterations when tangible personal property not properly termed central office 
equipment is affixed or attached to or in any manner becomes a part of a building or structure; 

(3) cable, other than that connecting central office units to each other or to distributing frames; 

(4) covers for transmission power apparatus; 

(5) desks and tables unless equipped with central office equipment when purchased; 

(6) foundations for engines and other equipment when part of building; 

(7) loading coils used outside central office, loud speaker equipment, operators' chairs; 

(8) platforms, rolling ladders, tarpaulins, ticket holders, toll ticket carriers; 

(9) water stills for battery service; 

(10) tools and portable testing equipment regardless of where used; 

(11) items not herein specified but which may be excluded by Notes A, B, C and D to Account 221. 

(c) Account 231; Station Apparatus. This account includes private branch exchange equipment in 
addition to station apparatus. That equipment which is properly included in the term private branch 
exchange equipment is taxable at the one percent rate subject to the eighty dollar ($80.00) maximum 
tax per article, whether classified by the Uniform System of Accounts as capital expenditures or as 
maintenance expense; however, all other equipment in this account is subject to the three percent sales 
or use tax. Fxamples of items contained in Account 231 which are taxable at the three percent rate 
are desk sets, hand sets, wall sets, mobile telephone equipment, backboards, battery boxes, booths, coil 
collectors, station wiring, protectors, arresters, ground rods, clamps, wire and similar associated equip- 



5:13 NORTH CAROLINA REGISTER October 1, 1990 876 



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ment, and any items not properly classified as private branch exchange equipment and not included in 
Accounts 221 and 234 but distributable to other accounts by Notes A. B. C and D to Account 231. 

(d) Account 234; Large Private Branch Exchange. This account contains equipment and apparatus 
necessary to the operation of the above named exchanges. The equipment and apparatus contained 
in this account which are properly included in the term private branch exchange equipment are subject 
to the one percent sales or use tax with a maximum tax of eighty dollars ($80.00) per article, whether 
classified under the Uniform System of Accounts as capital expenditures or as maintenance expense, 
but does not include any tangible personal property which is station apparatus-. Examples of items 
included in Account 234 which are taxable at the three percent rate are operators' chairs and equipment 
and apparatus distributable to other accounts by Notes A, B, and C to Account 234. 

(e) Effective January 1, 19S5. the gross receipts derived by a utility from sales of intrastate telephone 
service are subject to the three percent sales tax. The statute was amended effective January 1. 1989, 
to substitute the term "local telecommunications services" for the term "intrastate telephone service," 
as used in the above sentence, and to levy the three percent rate of tax only on receipts derived from 
local telecommunications services as defmed by G.S. 105- 120(e). A new subdivision, G.S. 105- 164.4(a) 
(4c) was added, effective January 1. 1989. which levies a six and one-half percent sales tax on the gross 
receipts derived from toll or private telecommunications services, as defined by G.S. 105- 120(e), that 
both originate from and terminate in the state which are not subject to the privilege tax under G.S. 
105-120. The provisions of G.S. 105- 164.4(a) (4c) do not apply to telephone membership corporations 
as described in Chapter 1 17 of the General Statutes. The receipts upon which the tax is due is the total 
amount derived from the sale of telecommunications services, including any charges that go into the 
delivery of the services that are a part of the sale of services valued in money, whether paid in money 
or otherwise, and includes any amount for which credit is given to the purchaser by the seller without 
any deduction on account of the cost of the services sold, the cost of materials used, labor or service 
costs, interest charged, losses or any other expenses whatsoever. Therefore, all charges for tangible 
personal property and services provided in the delivery of telecommunications services to the purchaser 
are a part of the sale of services upon which the tax is due. notwithstanding that some charges may be 
billed separately to the customer from the time or flat rate charges. Set forth in this Paragraph are the 
departmental interpretations as to the application of sales tax to transactions by telecommunications 
companies. 

(1) Sales tax should be separately stated on the bill provided to each customer; however, the fran- 
chise tax is not to be separately stated on such bills. 

(2) A telecommunications company must report receipts from sales of telecommunications services 
on an accrual basis. The sale of the services is considered to occur when the company bills the 
customer for the sale and the applicable tax should be computed thereon. Such receipts must 
be reported on the L'tilities Sales Tax Return, Form E-500E. Telecommunications companies 
with a monthly liability of three thousand dollars ($3,000.00) or more are required to file 
monthly reports on or before the last day of the month following the month in which the tax 
accrues except the return for tax that accrues in May is due by June 25th of each year. A tele- 
communications company that is required to file a monthly return may file an estimated return 
for the first month, the second month, or both the first and second months of the quarter. There 
is no interest or penalty for an underpayment submitted with an estimated monthly return if the 
utility timely pays at least 95 percent of the amount due with a monthly return and includes the 
underpayment with the company's return for the third month of the same quarter. A telecom- 
munications company with a monthly liability of less than three thousand dollars ($3,000.00) 
that has been authorized by the Secretary of Revenue to file the Franchise Return. Form CD 
311. on a quarterly basis will continue to file the L'tilities Sales Tax Return. Form E-500E, on 
a quarterly basis by the last day of the month following the quarter covered by the return. 

(3) Charges for reconnecting services to customers after services have been terminated for nonpay- 
ment are a part of gross receipts from sales of telecommunications services and are subject to 
sales tax. Likewise, any charges for disconnecting services are subject to the sales tax. 

(4) Sales of telecommunications services directly to the United States Government or any agency 
thereof are not subject to sales tax. In order to be a sale to the United States Government, the 
Government or agency involved must make the purchase of the services and pay directly to the 
vendor the purchase price of the services. While sales directly to the L nited States Government 
or any agency thereof are exempt from sales tax. telephone companies should obtain a purchase 
requisition one time from each agency for their records. 

(5) Accounts of purchasers representing taxable sales on which the sales tax has been paid that are 
found to be worthless and actually charged off for income tax purposes may at corresponding 



877 5:13 .XORTH CAROLLXA REGISTER October 1, 1990 



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periods be deducted from gross sales provided, however, they must be added to gross sales if 
afterwards collected. 

(6) The local sales tax is not applicable to those receipts from telecommunications services subject 
to the state sales tax of three percent, but the local tax is applicable to receipts from sales and 
leases of tangible personal property subject to the three percent state rate of tax. 

(7) Late payment charges are not subject to sales tax. 

(8) Any return check charges on customers' checks returned by a bank because of insufficient funds 
are not subject to sales tax. 

(9) Telecommunications companies, other vendors or lessors that sell or lease telecommunications 
equipment are liable for collecting and remitting the three percent state and two percent local 
sales or use tax on the amounts of such sales or leases. Such tax is to be reported on the 
monthly, quarterly or semimonthly sales and use, tax reports, and should not be reported on the 
Franchise Return, Form CD-31 1, or the Utilities Sales Tax Return, Form F-500E. 

History Note: Statutory Authority G.S. 105-164.4 105-164.6; 105-262; 
Eff. February 1, 1976; 

Amended Eff. October 1, 1990; July 1, 1989; 
May I, 19S5; March I, 1984. 

.3203 TOLL OR PRIVATE TELECOMMUNICATIONS SERVICES 

Effective January 1, 1989, the gross receipts derived from toll telecommunications services or private 
telecommunications services as defined by G.S. 105- 120(e) that both originate and terminate in the state 
which are not subject to the privilege tax under G.S. 105-120 are subject to a six and one-half percent 
state sales tax. Such receipts are not subject to the state three percent or local sales taxes. This six and 
one-half percent sales tax is not refundable under the provisions of G.S. 105- 164. 14(b) or (c). This levy 
does not apply to telephone membership corporations as described in Chapter 117 of the General 
Statutes nor does it include those companies that provide pager services by means other than telephonic 
quality communications. 

History Note: Statutory Authority G.S. 105-164.4; 105-164.6; 105-262; 
Eff July 1, 1989; 
Amended Eff. October 1, 1990. 

SECTION .4600 - MOTOR VEHICLES AND BOATS 

.4607 MOTOR VEHICLE KITS 

.4608 MOTOR VEHICLES: MILITARY PERSONNEL 

History Note: Statutory Authority G.S. 105-164.4; 
105-164.6; 105-262; 
Eff. February 1. 1976; 

Amended Eff January 3, 1984; July 5, 1980; 
Repealed Eff October 1, 1990. 

.4613 MOTOR VEHICLE LESSORS 

Effective October 1, 1989, the sale, lease or rental of a motor vehicle is exempt from sales or use taxes 
and subject to the highway use tax as provided by 17 NCAC 7B .4619. Prior to October 1, 1989, when 
North Carolina lessors leased motor vehicles to out-of-state lessees to be located, domiciled or assigned 
in this state for use in interstate operations, including North Carolina, the lessors were required to 
collect and remit tax on the receipts derived therefrom notwithstanding that the lease may have been 
negotiated outside North Carolina. When North Carolina lessors leased motor vehicles to out-of-state 
lessees for use in intrastate operations in North Carolina, the lessors were required to collect and remit 
tax on the lease receipts notwithstanding that the leases were negotiated outside this state or that the 
vehicles were delivered to the lessees at a point outside this state or were registered outside this state. 
\Mien North Carolina lessors leased motor vehicles to out-of-state lessees on a month-to-month basis 
for use exclusively in a state other than North Carolina, the initial lease payments were subject to this 
state's tax if the vehicles were delivered to the lessees at a point within this state. When North Carolina 
lessors leased motor vehicles to out-of-state lessees for a definite stipulated period of time for use ex- 
clusively in a state other than North Carolina, the lease payments were subject to this state's tax if the 



5:13 NORTH CAROLINA REGISTER October 1, 1990 S7S 



EI SAL RL LES 



vehicles were delivered to leasees at a point within this state. When the vehicles were delivered to the 
lessees at points outside this state, the lease receipts were not subject to this state's tax. When a motor 
vehicle was leased outside North Carolina for use in North Carolina, the lease receipts were subject to 
this state's tax. 

History Note: Statutory Authority G.S. 105-164.4: 105-164.6: 105-262; 
Eff February 1, 1976; 
Amended Eff. October 1, 1990; July 1, 1990. 

.4614 PICKUP CAMPERS: TRAILERS 

Retail sales of camper trailers which are designed to run on the streets and highways and which are 
pulled by a self-propelled vehicle are properly classified as sales of motor vehicles and exempt from sales 
tax effective October 1, 1989. Retail sales of such camper trailers are subject to the highway use tax 
on and after October 1, 19S9. Retail sales of slide-in pickup camper units are subject to the three 
percent state and two percent local sales or use tax. 

History Note: Statutory Authority G.S. 105-164.4; 105-164.6; 105-262; 
Eff. February 1. 19' '6; 
Amended Eff. October 1, 1990; July 1. 1990. 

.4619 HIGHWAY USE RAX 

(a) Effective October 1, 19S9. retail sales of motor vehicles are exempt from sales tax and subject to 
the three percent highway use tax under Article 5A of Chapter 105 of the General Statutes with a mi- 
nimum tax of forty dollars ($40.00) applicable thereto, with certain exceptions, and a maximum tax of 
one thousand dollars ($1,000.00) on any one motor vehicle increasing to fifteen hundred dollars 
($1,500.00) July 1, 1993. The highway use tax must be paid to the Commissioner of Motor Vehicles 
by the dealer, the purchaser, or other applicant for a certificate of title at the time of making application. 
The basis for the tax on sales of motor vehicles by retailers will be the sales price of the motor vehicles 
including all accessories attached thereto at the time of delivery of the vehicles to the purchasers less the 
amount of any allowance given by the retailer for motor vehicles taken in trade. 

The basis for the tax on sales of motor vehicles for which a certificate of title is issued because of a 
sale of the vehicle by the seller who is not a retailer is the market value of the vehicle, less the amount 
of any allowance given by the seller for a motor vehicle taken in trade for the purchased motor vehicle. 
The retail value of a motor vehicle for which a certificate of title is issued because of a reason other than 
the sale of the motor vehicle is the market value of the vehicle. The market value of the vehicle is 
presumed to be the value of the vehicle set forth in a schedule of values adopted by the Commissioner 
of Motor Vehicles not to exceed the wholesale values of motor vehicles as published in a recognized 
automotive reference manual. 

(b) The statute provides that the highway use tax will not be applicable to motor vehicles delivered 
to purchasers on or after October 1. 1989, pursuant to written contracts of sale entered into before that 
date, but they will be subject to the sales tax at the rate of two percent with the three hundred dollars 

v; '' maximum tax per '.chicle I he hii:hua\ use tax will not be applicable to the transfer of a 

motor vehicle to: 

(ll the insurer under G.S. 20-109.01 of the Motor Vehicle Laws because the vehicle is a salvage 
vehicle; 

(2) to either a manufacturer, as defined in G.S. 20-285. forTesale; or 

(3) to a motor vehicle retailer for the purpose of resale. Only the minimum tax of forty dollars 
( $40.00) will be imposed when a certificate of title is issued as a result of the transfer of a motor 
vehicle: 

( A ) by a gift between a husband and wife or a parent and child: 

( B ) by will or intestacy: 

(Ci by a distribution of marital property as a result of a divorce: 

(D) to a secured party who has tiled a security mterest in the motor vehicle with the Department 
of the Secretary of State; 

(E) to a partnership or corporation as an incident to the formation of the partnership or corpo- 
ration and no gain or loss arises on the transfer under section 351 or section 721 of the Internal 
Revenue Code, or to a corporation by merger or consolidation in accordance with G.S. 55-110; 
or 

( F) to the same owner to reflect a change in the owner's name. 



S~9 5:13 .\ORTH CAROLI.XA REGISTER October I, 1990 



FINAL RULES 



When a purchaser of a motor vehicle returns the vehicle to the seller within 90 days after the purchase 
of the vehicle and receives a motor vehicle replacement or a refund of the purchase price paid to the 
seller, the purchaser may obtain a refund of the tax paid on the certificate of title issued for the returned 
vehicle less the minimum tax of forty dollars ($40.00) by submitting an application for refund to the 
Commissioner of Motor Vehicles. 

(c) G.S. 105-187.5 provides that, effective October 1, 1989, lessors of motor vehicles may elect to pay 
the highway use tax to the Commissioner of Motor Vehicles when applying for a certificate of title for 
a motor vehicle purchased by the retailer for lease or rental or may elect to collect and remit the tax to 
the Secretary of Revenue on the lease or rental receipts derived therefrom. The rate of highway use tax 
on motor vehicle lease or rental receipts will be eight percent for the first 90 continuous days of lease 
or rental of a vehicle to the same person, and the rate will reduce to three percent for the remainder 
of the continuous period during which the vehicle is leased or rented to that person. The maximum 
tax applicable to the sale of a motor vehicle applies when the vehicle is leased or rented to the same 
person for more than 90 continuous days and the tax paid by a person from the first day of such period 
applies toward the maximum tax. A retailer who elects to pay tax to the Secretary of Revenue on the 
gross receipts from the lease or rental of a motor vehicle must make this election when applying for a 
certificate of title for the vehicle. To make the election, the retailer must complete a form provided by 
the Division of Motor Vehicles. Once made, an election is irrevocable. The eight percent rate of tax 
will be deposited in the General Fund. The three percent rate of tax will be deposited to the Highway 
Trust Fund. Separate forms for reporting the separate rates of tax on motor vehicle lease receipts will 
be provide by the Department of Revenue to motor vehicle lessors upon receipt of their request for 
such forms. 

History Note: Statutory Authority G.S. 105-1 87. 3; 105-187.4; 105-187.5; 
105-187.6; 105-/87.8; 105-187.9; 105-262; 
Eff October 1, 1990. 

SECTION .4700 - PRINT ERS AND NEWSPAPER 
OR MAGAZINE PUBLISHERS 

.4716 TYPESETTING 

Charges made by typesetters for setting type for users, are charges for services rendered and receipts 
therefrom are exempt from tax. Typesetters are liable for remitting the three percent state and two 
percent local sales or use tax on purchases of metal or other tangible personal property for use in per- 
forming such services. Charges by typesetters to commercial printers for reproduction proofs used in 
the production of printed matter are not subject to the tax. Purchases of proof paper and ink by typ- 
esetters for use in the production of proofs for sale are subject to the tax. 

History Note: Statutory Authority G.S. 105-164.3; 105-164.4; 105-164.6; 
105-262; 

Eff. February I, 1976; 
Amended Eff. October 1, 1990. 

SECTION .5400 - FORMS USED FOR SALES 
AND USE TAX PURPOSES 

.5401 MONTHLY SALES AND USE TAX REPORT FORM: E-500 

The Monthly Sales and Use Tax Report Form, E-500, is for use by registered taxpayers to report their 
sales and use tax liability on a monthly basis. A supply of forms is sent to monthly taxpayers when 
registration is effected and annually thereafter. The report is screened in green. 

History Note: Statutory Authority G.S. 105-164.15; 105-164.16; 105-262; 
Eff February I, 1976; 
Amended Eff October 1, 1990; July 1, 1990. 

.5402 QUARTERLY SALES AND USE TAX REPORT FORM: E-500B 

The Quarterly Sales and Use Tax Report Form, E-500B, is for use by registered taxpayers to report 
their sales and use tax liability on a quarterly basis. A form is sent to quarterly taxpayers when regis- 
tration is effected and annually thereafter. 



5:13 NORTH CAROLINA REGISTER October I, 1990 SS0 



FINAL RL'LES 



History Sole: Statutory Authority G.S. 105-164.15; 105-164.16; 105-262; 
Eff. February 1, 1976; 
Amended Eff. October 1, 1990. 

.5406 NOTICE OF PROPOSED TAX ASSESSMENT FORM: DOR 20 

The Notice of Proposed Tax Assessment Form, DOR 20, is used by the sales and use tax division to 
notify taxpayers that an assessment of tax as indicated is proposed to be made against them. It is a 
three part form with one part going to the taxpayer and two parts remaining in the Division. 

History Note: Statutory Authority G.S. 105-164.15; 105-262; 
Eff. February 1, 1976; 
Amended Eff October I, 1990. 

.5407 PROPOSED ASSESSMENT OF WHOLESALE LICENSE FEE FORM: E-510B 

History Note: Statutory Authority G.S. 105-164.15; 105-262; 
Eff February 1, 1976; 
Repealed Eff. October 1, 1990. 

.5409 NOTICE OF DELINQUENT TAX REPORT FORM: E-515 

The Notice of Delinquent Tax Report Form, E-515, is used by the sales and use tax division to notify 
taxpayers that their sales and use tax report for the period indicated has not been received. 

History Note: Statutory Authority G.S. 105-164.15; 105-262; 
Eff. February 1, 1976; 
Amended Eff October 1, 1990. 

.5410 SALES TAX EXTENSION FORM: E-517 

The Sales Tax Extension Form, E-517, is completed by the sales and use tax division and sent to 
taxpayers to show that an extension of time for filing a monthly, semimonthly or quarterly sales and 
use tax report has been granted. The form, when applicable, is to accompanv taxpayers' sales and use 
tax reports, Form E-500, E-500B, E-500C, E-500D, E-500E, E-500F or E-500G, referred to in 17 
NCAC 7B .5401. 17 NCAC 7B .5402, 17 NCAC 7B .5444, 17 NCAC 7B .5447. 17 NCAC 7B .5448, 
17 NCAC 7B .5449 and, 17 NCAC 7B .5458. 

History Note: Statutory Authority G.S. 105-164.15; 105-164.19; 105-262; 
Eff. February 1. 19^6; 
Amended Eff October 1, 1990. 

.5413 NOTICE OF PENALTY ASSESSMENT FORM: E-529 

History Note: Statutory Authority G.S. 105-/64.15; 105-262; 
Eff February 1, 1976; 
Repealed Eff October 1. 1990. 

.5441 AFFIDAVIT FOR USE TAX FORM: E-5S9A (MECKLENBURG COUNTY) 

History Sole: Statutory Authority G.S. 105-164.15; 105-262; 
Eff. January 1, 1982; 
Repealed Eff October 1. 1990. 

.5444 SEMIMONTHLY SALES AND USE TAX REPORT FORM: E-500D 

The Semimonthly Sales and L'se Tax Report Form, E-500D, is for use by registered taxpayers to re- 
port their sales and use tax liability on a semimonthly basis. A taxpayer who is consistently liable for 
at least twenty thousand dollars ($20,000) per month in state and local sales and use taxes shall, as di- 
rected by the Secretary of Revenue, hie a return on a semimonthly basis. Returns of taxpayers who 
are required to report on a semimonthly basis are due within 10 days after the end of each semimonthly 
period. The semimonthly reporting periods are the first day of each month through the fifteenth day 



881 5:13 NORTH CAROLINA REGISTER October 1, 1990 



FINAL RULES 



of each month and the sixteenth day of each month through the last day of each month. A supply of 
report forms is sent to semimonthly taxpayers when registration is effected and annually thereafter. 

History Note: Statutory Authority G.S. 105-164.4; 105-262; 
Eff February 1, I9S6; 
Amended Eff. October I, 1990. 

.5449 MONTHLY SALES AND USE TAX REPORT FORM: E-500C 

The Monthly Sales and Use Tax Report Form, E-500C, is for use by registered taxpayers to report 
their sales and use tax liability on a monthly basis. A supply of forms is sent to monthly taxpayers 
when registration is effected and annually thereafter. The report is screened in blue. 

History Note: Statutory Authority G.S. 105-164.15; 105-164.16; 105-262; 
Eff. October 1. 1990. 

.5450 NOTICE FOR TAXPAYERS FILING THIRTEEN REPORTS A YEAR FORM: E-517A 

The Notice for Taxpayers Filing Thirteen Reports a Year Form, E-517A, is completed by the sales 
and use tax division and sent to taxpayers to show that an extension of time for filing thirteen four-week 
sales and use tax reports per year has been granted. The form, when applicable, is to accompany tax- 
pavers' sales and use tax reports, Form E-500 or E-500C, referred to in 17 NCAC 713 .5401 and 17 
NCAC 7B .5449. 

History Note: Statutory Authority G.S. 105-164.15; 105-/64.19; 105-262; 
Eff October 1. 1990. 

.5451 NOTICE FOR TAXPAYERS FILING TWENTY-SIX REPORTS A YEAR FORM: E-5I7B 

The Notice for Taxpayers Filing Twenty-Six Reports a Year Form, E-517B, is completed by the Sales 
and Use Tax Division and sent to taxpayers to show that an extension of time for filing sales and use 
tax reports on a two week basis has been granted. The form, when applicable, is to accompany tax- 
payers' semimonthly sales and use tax reports, Form E-500D, referred to in 17 NCAC 7B .5444. 

History Note: Statutory Authority G.S. 105-164.15; 105-164.19; 105-262; 
Eff. October 1, 1990. 

.5452 EXTENSION OF TIME FOR FILING SALES AND USE TAX REPORT FORM: E-517C 

The Extension of Time for Filing Sales and Use Tax Report Form, F-517C, is completed by the Sales 
and Use Tax Division and sent to taxpayers to show that an extension of time of ten days for filing 
reconciling sales and use tax reports has been granted. The form, when applicable, is to accompany 
taxpayers' semimonthly sales and use tax reports, Form F-500D, referred to in 17 NCAC 7B .5444. 

History Note: Statutory Authority G.S. 105-/64.15; 105-164.19; 105-262; 
Eff. October 1. 1990.- 

.5453 SPECIAL SALES AND USE TAX REMITTANCE FORM: E-503 

The Special Sales and Use Tax Remittance Form, E-503, is for use by the Department to credit mis- 
cellaneous payments made by taxpayers. 

History Note: Statutory Authority G.S. 105-164.15; 105-262; 
Eff October 1, 1990. 

.5454 NOTICE OF TAX DUE FORM: DOR 31 

The Notice of Tax Due Form, DOR 31, is used by the Sales and Use Tax Division to notify taxpayers 
that the assessment againist them has become final and conclusive and that the account will be assigned 
to the Revenue Office in their district for collection. It is a two part form with one part being mailed 
to the taxpayer and the other part remaining in the Division. 

History Note: Statutory Authority G.S. 105-164.15; 105-262; 
Eff. October 1, 1990. 



5:13 NORTH CAROLINA REGISTER October I, 1990 SS2 



FINAL RULES 



.5455 NOTICE OF TAX DUE FORM: DOR 31 A 

The Notice of Tax Due Form, DOR 31 A, is used by the Sales and Use Tax Division to notify Re- 
venue Officers that the assessment against a taxpayer has become final and conclusive and that the ac- 
count is assigned to their district for collection. It is a three part form with all parts being sent to the 
Revenue Officer. 

History Sote: Statutory Authority G.S. 105-164.15; 105-262; 
Eff. October 1, 1990. 

.5456 NOTICE TO NEWLY REGISTERED WHOLESALE MERCHANTS FORM: E-552 

The Notice to Newly Registered Wholesale Merchants Form, E-552, is mailed to taxpayers who have 
indicated on their application for registration that they will be engaged exclusively in the business of 
making wholesale sales. The notice defines wholesale sales and contains information in regard to 
wholesales sales along with an order form for Sales and Use Tax Regulations and the Sales and Use 
Tax Law. 

History Sote: Statutory Authority G.S. 105-164.15; 105-262; 
Eff. October 1. 1990. 

.5457 NOTICE TO ALL TAXPAYERS FORM: E-505AC 

The Notice to All Taxpayers Form, E-505AC, is mailed to all newly registered taxpayers and contains 
information concerning the state and county rates of tax, report forms, the location of Revenue Offices 
in the state and various information of a general nature. 

History Sote: Statutory Authority G.S. 105-164.15; 105-262; 
Eff. October 1, 1990. 

.5458 UTILITIES SALES FAX RETURN FORM: E-500E 

The Utilities Sales Tax Return, Form E-500E, is to be filed by utilities, including municipalities, 
remitting sales tax on electricity, piped gas and telecommunications services. Effective October 1, 1990, 
the return is to be filed either monthly or quarterly. The return is to be used to remit the tax collected 
on the above-stated utility services. 

History Sote: Statutory Authority G.S. 105-I64.4(a)(4a); I05-164.4(a)(4c); 
105-262; 
Eff. October I. 1990. 

TITLE 19A - DEPARTMENT OF TRANSPORTATION 

CHAPTER 2 - DIVISION OF HIGHWAYS 

SUBCHAPTER 2D - HIGHWAY OPERATIONS 

SECTION .0600 - TECHNICAL SERVICES 

.0603 ISSUING OFFICES AND PROCEDURES 

(a) Application for permits may be made by phone, (except that no telephone applications will be 
accepted for movement of mobile homes having a width in excess of 12' but not greater than 14), wire, 
letter or application Form No. PA-1 or PA-2, whichever is applicable for move requested. Essential 
information required is name and address of applicant, object being moved, date(s) of move, point of 
entry on and point of exit from State Highway System, desired route, make of towing vehicle, dimen- 
sions, gross weight and axle weight and spacing if over legal limits, and license tag number of truck, 
tractor and trailer. Application for building move permit must be made in person or by mail on ap- 
plication Form PA-2. 

(b) All phone and wire requests will be issued by wire or facsimile and should be directed to N. C. 
Department of Transportation, Division of Highways. Permits Unit, P. O. Box 25201, Raleigh, N. C. 
2761 1, hereinafter referred to as the central permit office. 



<V«V.? 5:13 NORTH CAROLINA REGISTER October I, 1990 



FINAL RULES 



(c) Written requests may be made to the central permit office or to the division or district office 
having jurisdiction. Division or district offices will not issue permits for'travel outside their respective 
area without approval of other involved divisions or districts or the central permit office. 

(d) All moves within a municipality must meet with the approval of the municipality. The issuance 
of a special permit by any division of highways' office does not relieve the permittee from complying 
with any local regulations. 

(e) The issuing office will furnish the original to the permittee, retain one copy for its file, and division 
and district offices will forward one copy to Head of Maintenance Unit. 

(f) Special permits will be carried in towing unit at all times permitted load is in transit. 

(g) For movement of mobile/modular homes having a greater than 12' but not greater than a 14' unit 
with an allowable roof overhang not to exceed 12", application must be made at least two days prior 
to date of movement. On routes where studies have previously been made, the issuing office may waive 
the two day advance application. 

History Note: Statutory Authority G.S. 20-119; 136-18(5); 
Eff. July 1, 1978; 
Amended Eff. October I, 1990; April 1, 1984; April 11, 1980. 

.0607 WIDTH LIMITED 

(a) Width is limited to 14' for all movements except certain construction machinery, buildings, ma- 
nufacturing machinery for short moves to or from projects or from nearest railhead to destination. If 
blades of bulldozers, graders or front end loader buckets cannot be angled to extend no more than 12' 
across the roadway, they must be removed. A blade or bucket or other attachment which has been 
removed for safety reasons, or if in the best interests to the Department has been removed, may be 
moved with the equipment without being considered a divisible load. Moves exceeding 12' for a 
commodity essential to national health, safety or defense may be permitted upon receipt of proof of 
necessity submitted by the agency directly concerned, however, if considered to be detrimental or unsafe 
to the other traveling public or if the highway cannot accommodate the move due to width or weight, 
such move will be denied. Loads must be so placed on vehicle so as to present least dimension to 
meeting or passing traffic. 

(b) Permits for mobile; modular homes will be issued for a width not to exceed 14'-0" for the unit 
with an allowable roof overhang not to exceed 12". Moves in excess of 10' width are restricted on 
routes listed below. When the final destination is on a restricted route, consideration may be given to 
allow entrance on the restricted route at nearest practical point to final destination. The restricted 
routes are the following: 



ighway 


Restricted 




County(s) 


No. 


From 


To 


Involved 


19 


Upper Crossing of 


Maggie 


Jackson, 




Solo Creek 




I laywood 


19A 


Jet. 441 


Ela 


Jackson, 
Swain 


19E 


Ingalls 


Cranberry 


Avery- 


19W 


Jet. 19 


" Term. Line 


Yancey 


23 


U.S. 19 


Term. Line 


Madison 


25-70 


Jet. 19-23 


Term. Line 


Buncombe, 
Madison 


2K 


Fontana Village 


Tenn. Line 


Graham, 

Swain 


2S 


Lauada 


Wests Mill 


Macon, 
Swain 


2S 


Gneiss 


Ga. Line 


Macon 


63 


Canto 


N.C. 209 


Buncombe, 
Madison 


64 


Highlands 


Rosman 


Macon, 

Jackson, 

Transylvania 


74 


Lake Lure 


Asheville 


Rutherford 



5:13 NORTH CAROLINA REGISTER October 1, 1990 



884 



FINAL RILES 









Buncombe 


so 


Jet. 19E 


Jet. 226 


Mitchell, 

Yancey 


80 


U.S. 70 


Blue Ridge Pkwy. 


McDowell 


\N 


Warrensville 


Term. Line 


Ashe, 
Watauga 


90 


Valmead 


Globe 


Caldwell 


106 


Ga. Line 


Highlands 


Macon 


129 


Robbinsville 


Term. Line 


Graham 


151 


Jet. B.R. Parkway 


Jet. 19-23 


Buncombe, 
Henderson 


176 


Tryon 


Saluda 


Polk 


178 


S.C. Line 


Rosman 


Transylvania 


194 


Jet. 19E 


Vilas 


Avery, 
Watauga 


194 


Jet. 421 


Baldwin 


Ashe, 
Watauaa 


194 


Warrensville 


Va. Line 


Ashe 


197 


Jet. 19E 


Jet. 226 


Yancey 
Mitchell 


197 


End of Pavement 


U.S. 19E Burnsville 


Buncombe, 




( Barnardsville) 




Yancey 


208 


Jet. 25-70 


Term. Line 


Madison 


209 


Lake Junaluska 


Jet. 25-70 


Haywood, 
Madison 


212 


Jet. 208 


Term. Line 


Madison 


221 


Linville 


Blowing Rock 


Avery, 
Watauaa 


221 


Jet. 88 


Twin Oaks 


Ashe, 
Alleghany 


226 


Bakersville 


Term. Line 


Mitchell 


226A 


N.C. 226 


N.C. 226 


McDowell 


261 


Bakersville 


Term. Line 


Mitchell 


268 


Elkin 


Jet. 601 


Surry 


276 


Jet. 280 and 64 


Cruso 


Haywood, 
Transylvania 


441 


Cherokee 


Term. Line 


Swain 



(c) Extended period permits for times up to 12 months may be granted for 12' width mobile homes 
by the central permit office on a statewide basis on NC and US routes. Extended period permits for 
widths in excess of 10' are granted only for specified county road routes. 

(d) Annual permits may be granted to manufacturers, retailers licensed by Division of Motor Vehi- 
cles, and to contract carriers licensed by the Public Utilities Commission for the movement of mobile 
and modular home units having a width in excess of 12' but not greater than a 14' unit with an allow- 
able roof overhang not to exceed 12" by the Central Permit Office on designated NC and US routes. 
All others will be issued single trip permits good for ten days from date of issue over approved routing. 

History Note: Authority G.S. 20-119: 136-18(5); Board of 
Transportation Minutes for February 16. 1977 
and November 10, 1978; 
Eff July 1, 1978; 

Amended Eff. October 1. 1990: September 1, 1990; 
January 1. 7 985: April 1, 1984. 

.0622 ESCORT VEHICLE REQUIREMENTS 

(a) A leading escort vehicle is required for loads exceeding 12' wide on all two lane highways, except 
that mobile homes and modular homes over 10' wide require escort vehicles in that area of the state 
north and west of 1-85 from the South Carolina line to Greensboro and west of US 29 from Greensboro 
to the Virginia hne. Lor mobile or modular homes in excess of 12' wide but not greater than a 14' umt 



SS5 



5:13 \ORTH CAROLINA REGISTER October I, 1990 



FINAL RULES 



with an allowable roof overhang not to exceed 12", and for other loads 14' or more wide, both a leading 
and following escort vehicle is required, with flashing amber lights and wide load sign- Hashing amber 
lights are required to be displayed on the front and rear on the traffic side during movement of a 
mobile, modular 14' unit with a roof overhang not to exceed 12". No following escort will be required 
in urban areas, where speeds are restricted except for mobile or modular homes in excess of 12' wide 
but not greater than 14' wide. On four lane highways if only one escort vehicle accompanies the move, 
it should be a follow vehicle. Mobile and modular homes not to exceed a 14' unit with an allowable 
roof overhang not to exceed 12" do not require a leading escort vehicle on four lane divided highways, 
however, a following escort vehicle will be required. 

(b) Escort vehicles will not be required for movements of mobile and modular homes authorized by 
annual permits on designated routes. When escorts are not required on annual permits, a flashing 
amber light shall be mounted on the towing unit and on the rear top of mobile or modular home unit. 
Also, for a 14 unit with an allowable roof overhang not to exceed 12" flashing amber lights shall be 
displayed on the traffic side on the front and rear during movement. 

(c) Driver(s) of escort vehicle(s) shall be in radio contact with the driver of the towing unit when 
escorting mobile or modular homes in excess of 12' wide but not greater than a 14' unit with an al- 
lowable roof overhang not to exceed 12". 

History Sole: Statutory Authority G.S. 20-119; 136-18(5); 
Eff. July 1, 1978; 

Amended Eff. October I, 1990; January 1, 1985; 
January 1 , 1979. 

.0624 TIME OF MOVE 

Specially permitted moves may be made between sunrise and sunset Monday through Saturday. No 
moves may be made on Sunday or approved State holidays, unless otherwise stated on the permit. If 
the holiday falls on Saturday or Sunday, the following Monday will be considered a holiday. Time 
limits may be included in any permit when the issuing authority deems it desirable for safety or to ex- 
pedite traffic. Modular or mobile homes greater than 12' but not greater than a 14' unit with an al- 
lowable roof overhang not to exceed 12", are permitted to move during these allotted times: 

(1) August 19-June 11 

Fully Controlled Access Highways - 

Sunrise to Sunset (Monday- Friday) 

Sunrise to 12:00 Noon (Saturday)" 
Non-Controlled Access Rural Highways - 

8:30 a.m. -2:30 p.m. and 4:30 p.m. to 

Sunset (Monday- Friday), Sunrise to 12:00 Noon (Sat.) 
Non-Controlled Access Urban (Pop. greater than 10,000) 

Four-Lane Highways - 8:30 a.m. -2:30 p.m. and 

6:00 p.m. to Sunset (Monday-Friday) 

Sunrise to 12:00 Noon (Saturday) 
Non-Controlled Access Urban (Pop. greater than 10,000) 

Two-Lane Highways - 8:30 a.m. -2:30 p.m. (Monday-Friday) 

Sunrise to 12:00 Noon (Saturday) 

(2) June 12-August 18 
Rural Highways - 

Sunrise to Sunset (Monday-Friday) 
Sunrise to 12:00 Noon (Saturday) 
Urban Highways (Population greater than 10,000) - 
8:30 a.m. to 4:30 p.m. and 6:00 p.m. to 
Sunset (Monday- Friday) 
Sunrise to 12:00 Noon (Saturday) 

History Note: Authority G.S. 20-119; 136-18(5); Board of 
Transportation Minutes for February 16, 1977 
and November 10, 1978; 
Eff. July I, 1978; 

Amended Eff. October 1, 1990; September 1, 1990; 
January 1, 1985; July I, 1981. 



5:13 NORTH CAROLINA REGISTER October 1, 1990 SS6 



FINAL RULES 



.0629 TOWING UNIT 

The towing unit for mobile homes shall he rated at not less than one and one half tons with dual rear 
wheels for units up to 12 wide. For units more than 12' wide but not greater than a 14 unit with an 
allowable roof overhang not to exceed 12". the towing unit shall be rated not less than two tons and 
have a four speed transmission and be a minimum length of 15'. Headlights shall be burning during 
move. The mobile home shall be equipped with adequate brakes controlled from the towing unit. 
An individual may be permitted to move a mobile home owned by him for personal occupancy with 
a suitable towing vehicle other than specified with approval of the central permit office. 

History Note: Statutory Authority G.S. 20-1/9; 136-18(5); 
Eff. July 1. 1978; 
Amended Eff October I, 1990. 

.0632 WTATHER 

No move will be made when atmospheric conditions render visibility less than 500' for a person or 
vehicle. Moves will not be made when highway is covered with snow~ or ice, or at any time travel 
conditions are considered unsafe by the division of highways or Highway Patrol or other law enforce- 
ment officers having jurisdiction. Movement of a mobile/modular 14' unit with an allowable roof ov- 
erhand not to exceed 12", will be prohibited when wind velocities exceed 25 miles per hour in gusts. 

History Note: Statutory Authority G.S. 20-119; 136-18(5); 
Eff. July 1. 1978; 
Amended Eff. October 1, 1990. 



S87 5:13 NORTH CAROLINA REGISTER October 1, 1990 



ARRC OBJECTIONS 



1 he Administrative Rules Renew Commission (ARRC) objected to the following rules in accord- 
ance with G.S. 14311-30. 2(c). State agencies are required to respond to ARR( ' as provided in a S. 
!43B-30.2(d). 



ECONOMIC AM) COMMIMTY DIM I OI'MIM 

Banking Commission 

4 NCAC 3C .020/ - Establishment of Branch and Limited Svcs Facilities 

Agency Revised Rule 
4 NCAC 3C .0202 - Branch Closing 

Agency Revised Rule 
4 NCAC 3C .0901 - Books and Record 

Agency Revised Rule 
4 NCAC 3C .1301 - Annual Vacation 

Agency Revised Rule 

Community Assistance 

4 NCAC I9L .0501 - Definition 
Agency Revised Rule 

Credit Union Division 

4 NCAC 6C .0203 - Fields of Membership 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Lnvironmental I lealth 

ISA NCAC ISA .IS 14 - Disposal of Garbage and Trash: Premises 

Agency Revised Rule 
ISA NCAC ISA .2117 - Water Sanitation and Quality 
ISA NCAC ISA .2609 - Refrigeration: Thawing: and Preparation of Food 
ISA NCAC ISC .1529 - Point- of- Entry and Other Treatment Devices 

Agency Revised Rule 

Environmental Management 

15 A NCAC 211 .1203 - Public Notice 

Health: Epidemiology 

ISA NCAC I9B .0202 - Granting Permits 

Agency Revised Rule 
ISA NCAC 19D .0407 - Medical Eligibility 

Agency Revised Rule 
ISA NCAC 19D .0408 - Medical Eligibility! Licensed Nursing Home Svcs 

Agency Revised Rule 

Laboratory Services 

ISA NCAC 20 A .0002- Definitions 



lA'AV Objection ' I'' '"' 
Obj. Removed .s l'< 'Hi 
ARR( ' Objection ' I'' W 
Obj. Removed S 1 1, 'Ml 
ARRC Objection " 19 'JO 
Obj. Removed S It, W 
ARRC Objection 71/9 90 
Obj. Removed 8/ 16 90 



ARRC Objection 7\19\90 
Obj. Removed 81/6/90 



ARRC Objection 8/ 16,90 



ARRC Objection 61 21,90 
Obj. Removed 7/19/90 
ARRC Objection 8/16/90 
ARRC Objection 8/ 16/90 
ARRC Objection 6/21/90 
Obj. Removed 7/19/90 



ARRC Objection 8/ 16,90 



ARRC Objection 6/21/90 
Obj. Removed 7/19/90 
ARRC Objection 6/21/90 
Obj. Removed 7/19/90 
ARRC Objection 6/21/90 
Obj. Removed 7/19/90 



ARRC Objection 6/21/90 



5:13 NORTH CAROLINA REGISTER October 1, 1990 



888 



ARRC OBJECTIONS 



Agency Revised Rule 
Marine Fisheries 

ISA NCAC 3N .0001 - Scope and Purpose 

ISA NCAC 30 -0203 - Shellfish Lean- Application Processing 

Solid Waste Management 

ISA NCAC 13B .1003 - Eligible Purposes 

ISA XCAC 13B .1005 - Priority Factors 

ISA XCAC 13B .1104 - General Conditions 

ISA XCAC 13B .1105 - Permit Required 

15A XCAC 13B .1107 - Scrap Tire Collection Site Operational Reqmnls 

Wildlife Resources Commission 

15A XCAC IOC .0501 - Scope and Purpose 
Agency Revised Rule 

HUMAN RESOURCES 

AFDC 

10 XCAC 49C .0101 - Eligibility for Coverage 
Agency Revised Rule 

Governor Morehead School 

10 XCAC 21 A .0301 - Eligibility 
Agency Revised Rule 

Medical Assistance 

10 XCAC SOB .0311 - Reserve 
Agency Revised Rule 

Youth Services 

10 XCAC 44B .0504 - Medical Care 
Agency Revised Rule 

10 XCAC 44B .0506 - Room Restriction or Confinement 
Agency Revised Rule 

INSURANCE 

Agent Services Division 

// NCAC 6 A .0~02 - Pre/icensing Education Schools 

Financial Evaluation Division 

// NCAC JIB .0607 - Application - Employers 

11 XCAC II B .0610 - Application - Groups 

LICENSING BOARDS AND COMMISSIONS 

Board Of Pharmacy 



Ob). Removed 7 19 % 



ARR( ' Objection S If, 'mi 
!A'A'( ' Objection S 10 'Ml 



ARRt ' Oh/eel ion ,\ I ft 'Ml 
ARRt ' Objection S; lo 'mi 
ARR( ' Objection S H< on 
ARRC Objection S Id 'Ml 
ARRC Objection -S Id W 



ARRC Objection 6 21 90 
Obj. Removed 7,1 9, 90 



ARRC Objection 7119/90 
Obj. Removed 8! 16! 90 



ARRC Objection 7/19190 
Obj. Removed 8 j 16/90 



ARRC Objection 6/21/90 
Obj. Removed 7/19/90 



ARRC Objection 7/19/90 
Obj. Removed 8 16/ 90 
ARRC Objection 7/19/90 
Obj. Removed 8/16 90 



IRRC Objection 8/ 16/90 



ARRC Objection 81 16/90 
ARRC Objection 8! 16/90 



SS9 



5:13 NORTH CAROLINA REGISTER October l, 1990 



A RRC OBJECTIONS 



21 NCAC 46 .1503 - Experience in Pharmacy 
PUBLIC EDUCATION 

Elementary and Secondary Education 

16 NCAC 6C .0312 - Certificate Suspension and Revocation 
16 NCAC 6D .0105 - Use of School Day 

Objection Reconsidered and Failed 

Clincher Motion Passed 

SECRETARY OF STATE 



ARRC Objection 8/ 16190 



ARRC Objection 8/16/90 
ARRC Objection 6/21/90 

7/19/90 



Corporations Division 



18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
IS NCAC 4 



.0101 - Location and Hours 

.0102 - Administration and Functions 

.0205 - Overpayment 

.0206 - Documents Not Specifically Provided For 



.0302 - Execution 
.0303 - Rejection 

.0305 - Corrective Filings- N onprofit Corp/ Limited Partnerships 
.0306 - Articles of Incorporation - Nonprofit Corporations 
.0307 - Application For Reservation of Corporate Name 
.0308 - Registered Office and Registered Agent 
.0311 - Art of Merger/ Share Exch /G.S. 55-1 1-07/55A-42.1 
.0312 - Appl For Cert of Authority / Foreign Prof Corporation 
.0313 - Filing Merger Involving Foreign Corporation 
.0314 - Filing Evidence of Dissolution/ Foreign Nonprofit Corp 
.0316 - Form for Annual Report 
.0401 - Documents 

.0402 - Cert of Facts/ Certificate of Exit! Authorization 
.0501 - General 

.0502 - Words Prohibited in Addition to Statutory Prohibitions 
18 NCAC 4 .0503 - Deceptively Similar and Distinguishable Names 
18 NCAC 4 .0504 - Filing Fictitious; Assumed Name/ Foreign Corporation 
No Response Received From Agency 
Response Received From Agency 

Securities Division 

18 NCAC 6 .1210 - Securities Exchgs/Auto Quotation Sys Approve/Admin 
No Response Received From Agency 
Response Received From Agency 



ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 



Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 



Obj. Removed 8/ 



6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
7/19/90 
16/90 



ARRC Objection 6/21/90 
7/19/90 
Obj. Removed 8/ 16/90- 



5:13 NORTH CAROLINA REGISTER October /, 1990 



890 



RULES INVALIDATED BY JUDICIAL DECISION 



1 his Section of the Register lists the recent decisions issued by the Xorth ( 'arolina Supreme ( 'mat. 
( 'ourl of Appeals, Superior ( 'ourt ( when available j, and the Office oj Administrative Hearings which 
invalidate a rule in the Xorth (-'arolina Administrative ('ode 



( 



10 NCAC3R .0317(g) - WITHDRAWAL OF A CERTIFICATE 

Robert Roosevelt Reilly, Jr., Administrative Law Judge with the Office of Administrative Hearings, 
declared Rule 10 NCAC 3R .0317(g) void as applied in Dawn Health Care, a Xorth Carolina (ieneral 
Partnership. Petitioner v. Department of Human Resources, Certificate of Seed Section, Respondent CM) 
DPIR 02%). 



S9I 



>:13 NORTH CAROLINA REGISTER October I, 1990 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



The North Carolina Administrative Code ( NCAC) has four major subdivisions of rules. Two 
of these, titles and chapters, are mandatory. The major subdivision of the XCAC is the title. 
Each major department in the North Carolina executive branch of government has been as- 
signed a title number. Titles are further broken down into chapters which shall be numerical 
in order. The other two, subchapters and sections are optional subdivisions to be used by 
agencies when appropriate. 

TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 



hit: 


DEPARTMENT 


LICENSING BOARDS 


CHAPTER 


i 


Administration 


Architecture 


2 


2 


Agriculture 


Auctioneers 


4 


3 


Auditor 


Barber Examiners 


6 


4 


Economic and Community 


Certified Public Accountant Examiners 


8 




Development 


Chiropractic Examiners 


10 


5 


Correction 


General Contractors 


12 


6 


Council of State 


Cosmetic Art Examiners 


14 


7 


Cultural Resources 


Dental Examiners 


16 


8 


Elections 


Electrical Contractors 


is 


9 


Governor 


Foresters 


20 


10 


Human Resources 


Geologists 


21 


11 


Insurance 


Hearing Aid Dealers and Fitters 


22 


i: 


Justice 


Landscape Architects 


26 


13 


Labor 


Landscape Contractors 


28 


14A 


Crime Control and Public Safety 


Marital & Family Therapy 


31 


15A 


Environment, Health, and Natural 


Medical Examiners 


32 




Resources 


Midwifery Joint Committee 


33 


16 


Public Lducation 


Mortuary Science 


34 


17 


Revenue 


Nursing 


36 


is 


Secretary of State 


Nursmg Home Administrators 


37 


19A 


Transportation 


Occupational Therapists 


38 


20 


Treasurer 


Opticians 


4!) 


*21 


Occupational Licensing Boards 


Optometry 


42 


22 


Administrative Procedures 


Osteopathic Examination and 


44 


23 


Community Colleges 


Registration 




24 


Independent Agencies 


Pharmacy 


46 


25 


State Personnel 


Physical Therapy Examiners 


48 


26 


Administrative Hearings 


Plumbing and Heating Contractors 


50 






Podiatry Examiners 


52 






Practicing Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers and Land Survey 


ors 56 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work 


63 






Speech and Language Pathologists and 


64 






Audiologists 








Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



5:13 NORTH CAROLINA REGISTER October I, 1990 



S92 



CUMULATIVE INDEX 



CUMULATIVE INDEX 

(April 1990 - March 199/ ) 



\<)'H) 



1991 



I'a-cs 



1 - 


151 


1 - 


April 


152 - 


235 


■> . 


April 


236 - 


285 


3 - 


May 


286 - 


312 


4 - 


May 


313 - 


407 


5 - 


June 


408 - 


473 


•. 6 - 


June 


474 - 


513 


7 - 


July 


514 - 


603 


8 - 


July 


604 - 


635 


9 - 


August 


636 - 


723 


10 - 


August 


724 - 


791 


11 - 


September 


792 - 


859 


12 - 


September 


860 - 


895 


13 - 


October 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



ADMINISTRATION 

Auxiliary Services, 860 PR 

State Property and Construction, 411 PR 

ADMINISTRATIVE HEARINGS 

Rules Division, 792 PR 

AGRICULTURE 

Markets, 737 PR 

Plant Conservation Board, 1 PR 

Plant Industry, 739 PR 

State Fair, 737 PR 

Structural Pest Control Committee, 7 PR 

CORRECTION 

Division of Prisons. 762 FR, 867 FR 



S93 



5: 13 NOR TH CAROLINA REGIS TER October 1, 1990 



CUMULA TIVE INDEX 



CRIME CONTROL AND PUBLIC SAFETY 

State Highway Patrol, 53 PR, 804 PR 
Butner Public Safety Division, 419 PR 

ECONOMIC AND COMMUNITY DEVELOPMENT 

Banking Commission, 16 PR 
Community Assistance, 25 PR, 317 PR 
Credit Union, 317 PR, 860 PR 
Hazardous Waste Management, 742 PR 
Milk Commission, 24 PR, 741 PR 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 136 PR, 292 PR, 707 PR 

Environmental Management, 54 PR, 193 PR, 420 PR, 542 PR, 706 PR, 744 PR 

Health Services, 190 PR, 565 PR, 816 PR, 860 PR 

Land Resources, 744 PR 

Marine Fisheries, 63 PR, 484 PR, 805 PR 

Wastewater Treatment Plant Operators Certification Commission, 551 PR 

Water Treatment Facility Operators Board of Certification, 621 PR 

Wildlife Resources and Water Safety, 137 PR, 206 PR, 293 PR, 349 PR, 438 PR, 563 PR, 748 PR, 815 PR 

FINAL DECISION LETTERS 

Voting Rights Act, 241, 286, 316, 605, 638, 792 

FINAL RULES 

List of Rules Codified, 143 FR, 226 FR, 302 FR, 463 FR, 587 FR, 710 FR, 842 FR 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 236, 313, 408, 474, 514, 604, 636, 724 

HUMAN RESOURCES 

Aging, Division of, 704 PR 

Drug Commission, 870 FR 

Facility Services, 516 PR, 702 PR 

Health Services, 152 PR, 245 PR 

Medical Assistance, 191 PR 

Mental Health, Developmental Disabilities and Substance Abuse Services, 29 PR, 318 PR, 475 PR, 

Services for the Blind, 412 PR 

Social Services, 247 PR, 607 PR 

Water Treatment Facility Operators Board of Certification, 27 PR 

Youth Services, 261 PR' 

INSURANCE 

Actuarial Services Division, 480 PR 

Agent Services Division, 321 PR, 520 PR 

Engineering and Building Codes, 793 PR 

Financial Evaluation Division. 342 PR, 525 PR 

Fire and Casualty Division, 335 PR, 478 PR, 796 PR 

Life: Accident and Health, 264 PR, 287 PR, 529 PR, 798 PR 

JUSTICE 

Attorney General, Office of the, 192 PR, 273 PR 

Criminal Justice Education and Training Standards Commission, 704 PR 

Sheriffs' Standards Division, 608 PR 

LICENSING BOARDS 

Cosmetic Art Examiners, Board of, 355 PR, 708 PR 
Electrical Contractors, Board of Examiners of, 356 PR 
Medical Examiners, Board of, 207 PR, 838 PR, 862 PR 



5:13 NORTH CAROLINA REGISTER October I, 1990 894 



CUMULATIVE INDEX 



Mortuar\ Science, Board of, 749 PR 

Nursing, Board of, 300 BR, 496 PR 

Nursing Home Administrators, Board of, 750 PR 

Physical Therapy Examiners, Board of, 443 PR 

Plumbing and Heating Contractors. Fxaminers, 62 1 PR 

Practicing Psychologists, Board of, 755 PR 

Real Estate Commission, (-25 PR, 863 PR 

PUBLIC EDUCATION 

Elementary and Secondary, 141 PR, 275 PR, 351 PR 

REVENUE 

Individual Income Tax, 359 FR 

License and Excise Tax Division, 445 FR 

Sales and Use Tax, 213 FR, 453 FR, 872 FR 

SECRETARY OF STALE 

Corporations Division, 489 PR 
Securities Division, 293 PR, 495 PR 

STATE PERSONNEL 

State Personnel Commission. 277 PR, 500 PR, 756 PR 

STATE TREASURER 

Department Rules, 352 PR 

Local Government Commission, 352 PR, 442 PR 

Solid Waste Management Capital Projects Financing Agency, 354 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 639 SO 

TRANSPORTATION 

Highways, Division of, 765 FR, 883 FR 
Motor Vehicles, Division of, 222 FR, 773 FR 



S95 5:13 NORTH CAROLINA REGISTER October I, 1990 



NORTH CAROLINA ADMINISTRATIVE CODE 

The full publication consists of 53 volumes, totaling in excess of J 5, 000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the full publication including supplements can be 
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111 
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1 




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in 




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17 




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19 




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23 




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